Class action looms as Equestrian SA confirms members’ personal information was released to third party

MEMBERS of a major SA sporting organisation will take legal action over the release of confidential information of its members, including children, to a third party, without their consent and in contravention of its constitution.

• Equestrian SA rocked by mass resignations, allegations of bullying

A MAJOR SA sporting organisation faces a legal backlash over the unauthorised sharing of members’ personal data in a case which has the potential to affect more than 700,000 people across Australia.

The Advertiser can reveal members of Equestrian South Australia are planning a class action after the organisation passed on private details to a Melbourne-based digital company that issues membership cards for more than 5000 Australian sporting groups.

Chairman Joe Hooper confirmed, in a letter to members on Monday, that ESA had distributed names, email addresses and membership numbers to the company SportsPass.

Details of the group’s 1000-strong membership base, many of whom are children, were passed on without members’ consent.

The privacy breach appears to contravene the ESA’s constitution, which states only that an extract of the membership register, excluding the contact details of an individual, shall be available for inspection, but not copying, by members upon reasonable request.

The letter from Equestrian SA from Chairman Joe Hooper to members.

The ESA has now cancelled its contract with SportsPass and says it is in the process of “securing the return of all member information”.

But members have told The Advertiser they are angered by the breach and are collecting names to launch a class action. They have sought advice from prominent Adelaide lawyer Greg Griffin, who said the release of information to a third party was “entirely inappropriate”.

“An officer of the company should not be looking to pass on the personal information of members, including junior members, without referral to the board,” he said.

“And any competent board would have rejected the suggestion immediately.”

Sally Harding, an equestrian rider with two children involved in the sport, said it had been difficult not knowing what information about her family had been passed on, where it now resided and who could access it.

“Nobody can guarantee the security of personal information once it is passed on to a third party,” she said.

“It is very disturbing that something as innocent as joining a sporting club is suddenly something you have to think about in terms of identity fraud risk or data mining. There are seriously no checks and balances going on here and it needs to be investigated urgently.”

Equestrian SA Chairman Joe Hooper confirmed the distribution of personal information.

Prominent Adelaide lawyer Greg Griffin said the release was “entirely inappropriate”.

Data collected by ESA includes name, postal and email addresses, telephone numbers, date of birth, gender, driver’s licence, car registration, bank account and credit card details, insurance details, horse registration details, employment history, work qualifications and sensitive information around general health, medical conditions and ethnic/racial origin.

SportsPass co-founder Chris Coleman told The Advertise r sporting groups across Australia provided his company with names, email addresses and membership numbers before people had the option to “opt in” and share their personal data. He said SportsPass did not sell any personal information and the value of the data it collected was “minimal”.

SportsPass stored the information online at “highly secure” Amazon data centres in the US.

“We have a strong privacy policy that is all laid out on our website,” he said.

On its website, SportsPass advises its members of the dangers of the internet saying, “the internet is not a secure environment” and that information provided to them is “sent at your own risk”.

Mr Hooper told The Advertiser an ongoing review into how the breach occurred would run alongside an investigation into bullying and abuse allegations of members, including children, by staff, which were revealed by The Advertiser last week.

The ESA board notified the Office of the Information Commissioner about the privacy breach. Child protection advocate Maggie Dawkins said the data breach had serious implications for the protection of children.

Maggie Dawkins, daughter Alice, and horse Grace at Innisfree vineyard. Picture: Dylan Coker

The mother of internationally ranked two-star rider Alice Dawkins, and the wife of former federal Labor treasurer John Dawkins, said she was aware of ESA members looking to join the legal bid. She said the ESA board and management was yet to fully comprehend the serious nature of the issues.

“I have offered my assistance and support to Mr Hooper as this is an opportunity for the sport to embrace change, right wrongs and adopt 21st century practices,” she said.

ESA executive officer Sharon Cimarosti will return to work next Monday after four weeks of annual leave.

 

What is Sportspass?

■ Digital company that issues membership cards of sporting clubs and organisation, and offers benefits/rewards to members.

■Owned by UK businessman Chris Coleman and Sydney born Businessman Greg Screen.

■ Has more than 700,000 Australian members and is signed with more than 5000 clubs and organisations, 1000 retailers and offers over 3000 activities.

■Ambassadors include former Crows captain and current AFL Melbourne coach, Simon Goodwin, and Olympic Silver medallist Nicole Livingstone.

■SA organisations with a relationship with SportsPass include Adelaide Bite, Adelaide Thunderbirds, SA Aquatic Centre, Disability Sport and Recreation, Lifesaving, Athletics, Swimming, Netball, Gymnastics, and 10 other sports.