Page 2190 - Week 07 - Thursday, 7 August 2014
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that 137 ACT government staff have access to the MyWay ticketing system SmarTrack. Minister, when is appropriate for police to obtain data from the ACTION MyWay database?
MR CORBELL: I thank Mr Coe for the question. Any access to data held by the ACT government, whether it is data held in the MyWay system or in any other part of government, can only be provided and accessed consistent with the application of both the Australian privacy principles and the new territory privacy principles, which the Assembly recently enacted through our own privacy law.
I am confident that any steps taken by ACT Policing are consistent with the application of the territory privacy principles which are, in effect, the same as the privacy principles applied under Australian privacy law.
MADAM SPEAKER: A supplementary question, Mr Coe.
MR COE: Minister, this question is for you or for the TAMS minister: who within ACTION makes the decision about whether to grant the police this data request?
MR RATTENBURY: I am happy to take that question from Mr Coe. I will obtain that precise position description for him and provide it on notice.
MADAM SPEAKER: Supplementary question, Mrs Jones.
MRS JONES: I ask the appropriate minister: does ACTION have a policy about access to MyWay data or is the government’s general privacy policy governing the issue?
MR CORBELL: Access to data must be lawful and it is lawful if it complies with the relevant privacy principles set out in privacy law. That is the obligation on the part of data holders. Agencies of government that hold data and information can make it available if it is consistent with the principles of privacy law, whether that is territory law or commonwealth law.
In relation to the use of this data by police, it is appropriate that police access data for the purposes of criminal investigations if they do so consistent with privacy law and privacy principles. That is the legal position in relation to the access of any data held by the ACT government when it comes to investigations associated with criminal or suspected criminal matters.
MADAM SPEAKER: A supplementary question, Mrs Jones.
MRS JONES: Minister, how do law-abiding commuters know that their travel is not being inappropriately monitored and are there still 137 ACT government staff having access to the database?
MR CORBELL: In relation to the arrangements in terms of the administration of this data by ACTION, I will defer to my colleague the Minister for Territory and Municipal Services. But in relation to the reassurances that can be provided to
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