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Privacy Law Resources |
It will not only be retailers and marketing companies who might take an interest in the movements and purchases of individuals. Many government agencies have sweeping statutory powers to access such records. It will now be feasible for agencies such as the Australian Tax Office and the Department of Social Security to seek access to records of smart card use to check records of expenditure.
Records which may be obtained in this way might include records maintained by the smart card issuers (eg. banks and other financial institutions), the retailers where the smart cards were used, or the card-holders' personal records such as receipts and statements.
Smart card promoters, who may be able to ensure confidentiality in most circumstances through the use of encryption and other security measures, would still be required to release information in a decrypted format to government agencies exercising statutory powers.
Any information which has been "de-identified" by the smart card operators, but which is capable of being "re-identified" in any way would also have to be provided. Thus, although one smart card promoter intends to keep card-holder name and address records separate from transaction records, it is possible a government agency may require the operator to re-link the records.
One example of the routine collection of information about individuals by a government agency is the requirement that all cash transactions over $10,000 must be reported to the Australian Transaction Reports and Analysis Centre (AUSTRAC). Financial institutions and other cash handlers also have to report any "suspicious" cash transactions of any amount to AUSTRAC. This information is then forwarded to the Australian Tax Office and a number of law enforcement agencies, often by direct computer link.
In addition, the Australian Tax Office now targets particular professions, such as solicitors or taxi drivers, and carries out intensive audits of these professions on a group basis.