The activation of light and sound at the toll gates when concessionary Octopus card was used was held not to amount to "personal data" within the definition of the PDPO.
Complainant over 65 years - entitled to concessionary traffic fare - light and sound emitted when entering toll gates using concessionary octopus card - disclosing his age which is his personal data - the definition of "personal data"
The Complaint
The complainant complained that whenever he used his "senior citizen concessionary ticket card" to pass through a toll gate of a railway operator, an indicating light of the toll gate flashed and a "beep" sound was produced. The complainant alleged that his age of being over 65 was thereby disclosed to any nearby passengers.
Findings of the Privacy Commissioner
The Privacy Commissioner notified the complainant under section 39 of the PD(P)O that no investigation shall ensue as the complaint involved no personal data within the meaning of the PD(P)O. There was no information recorded in the senior citizen concessionary card or in the information system of the railway operator relating to the complainant, which was reasonably practicable for his identity to be directly, or indirectly ascertained. Furthermore, the sound and light being emitted did not amount to the personal data of the complainant since it was not in a recorded form as required under the definition of "personal data".
The Appeal
The complainant appealed to the AAB on the Privacy Commissioner's findings. After hearing the appeal, the AAB decided that neither the senior citizen concessionary card, nor its activation of the light and sound at the toll gates, disclosed any personal data of the user. There was no evidence to show that identification of the purchaser in the present case was required or recorded at the time of purchase of the card. As for the signals, they identified only the type of card being used, not the user using it. The same signals would be activated whether the user was 30 or 65 years of age. It would be up to the visual judgment of the staff on duty whether to ask the user about his eligibility to use the concessionary ticket.
AAB's decision
The appeal was dismissed.