In a post for Salinger Privacy, Anna Johnston notes that the recent ruling by the NSW Civil and Administrative Tribunal against Transport for NSW will have broad and profound implications for organizations that collect personal data. The legal battle, in which NSW resident Nigel Waters successfully argued the TfNSW breached the Information Protection Principle 1 in the Privacy and Personal Information Protection Act 1998 (NSW), will send a message to organizations at large. Johnston writes, “Ultimately, the impact of this case is to place organisations everywhere on fair warning: ignore the Collection Limitation rule (known in other jurisdictions as Data Minimisation) at your peril.” The tribunal found that the notion of “consent” in privacy law is founded on “whether an individual acts in a purely voluntary manner,” rather than “something more akin to a lack of choice.”
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