Nomination for the Australian Privacy Foundation ‘Big Brother Awards’ 2011
BBA2011 FINALIST

Criteria for a BBA2011 Award
The purpose of these Awards is to publicise privacy-abusive behaviour.  A responsible approach is adopted.  
As appropriate for the particular Award Category the nominee should be a public or private sector individual or organization, a government program or initiative, or a private sector business activity:
•	in or associated with Australia
•	responsible for a truly outstanding abuse (or defence) of privacy.
For a nominee to be considered, they need to be identified, their acts or behaviours that warrant an Award need to be briefly described, and some evidence needs to be provided, preferably both some originating with the nominee itself, and some from other sources such as the media. The deed for which they are nominated should have at least partially been put into practice – they lose points for just planning or announcing something!  Further details about BBA2010-11 are available at http://www.privacy.org.au/bba/.

A.   Name of Nominee 

Victorian Transport Ticketing Authority - Myki Public Transport 'Smart Card'

B.  Award Category: Privacy Abuser Categories for an “Orwell” Award 

Worst Public Agency or Official – for a government agency or official that has shown a blatant disregard for privacy.

C.  Description
Award is for implementing a privacy invasive ticketing system.

'Myki' is the new Victorian public transport ticketing system. It is presently in concurrent use with the old system, Metcard. It is a reusable 'smart card' which uses passive RFID to register passenger travel, calculate the cost and deduct it from a prepaid account. Transport authorities prefer that full-fare paying individuals register to purchase a card, which means that their details will be linked to the card. To receive a concession card, an individual must supply their details and register. 

Except when issued on an anonymous basis, use of the card enables a person's movements through the transport system to be tracked and recorded. These details are retained.

D.  Evidence of the Actions and References
“Myki manual" 
http://www.metlinkmelbourne.com.au/fares-tickets/victorian-fares-and-ticketing-manual-myki/
A Liberty Victoria spokesperson has stated that ‘from a privacy perspective the Myki card is an unofficial tracking device’ because it will register where and at what time an individual has used their card. (Georgia King-Siem, quoted in Clay Lucas, ‘Myki Tracking Device Warning’, The Age (Melbourne), 19 November 2009  www. theage.com.au/national/myki-tracking- device-warning-20091118-imlj.html> at 19 November 2009.)
Myki Privacy Statement: http://www.myki.com.au/Home/Privacy-Statement/Privacy-Statement/default.aspx
http://www.theage.com.au/victoria/myki-is-watching-you-smartcard-operator-gives-police-access-to-customer-info-20100729-10x7l.html

E.  Why the Nominee Deserves the Award
Scope
This initiative affects every one who purchase and register a Myki card. Anyone who registers to obtain a Myki card will be able to be tracked through the public transport system and data of their movement will be retained.  Personal information provided by or about the account or card holder or generated by using a Myki card is collected and held by the Transport Ticketing Authority, the Department of Transport and their contractors. Personal information may be used or disclosed for the operation of Myki; to verify entitlement to concession travel; for ticketing enforcement; in emergencies; otherwise as required or authorised by or under law; or with the individuals' consent. (Myki Privacy Statement: http://www.myki.com.au/Home/Privacy-Statement/Privacy-Statement/ default. aspx.) 

Police may access data without a warrant. A written request will suffice. (http://www.theage.com.au/ victoria/myki-is-watching-you-smartcard-operator-gives-police-access-to-customer-info-20100729-10x7l.html )

Seriousness
This particularly affects concession card holders in Victoria, who have no option but to provide their details (and therefore have the potential to be tracked throughout the transport system) if they wish to travel on a concession fare. People who qualify for concession fares on public transport are often heavily reliant on public transport as a mode of transportation. It is unrealistic for them to opt out of such a scheme. Efforts by this group to protect privacy would therefore result in a significant denial of service. Anonymous alternatives are available.

F. Other Comments (including Nominee Response)

This nomination form was emailed to the nominee on 18 March for comment by 8 April 2011. No response was received by the Coordinator of BBA2011 by 9 April 2011.