Judge will stay on Qantas case despite being ‘caught up’ in the airline’s major data breach

A judge who was “caught up” in a major breach of Qantas’ data will remain presiding over the airline’s case, arguing “every judge” was likely a Qantas member.

A judge will continue to preside over Qantas’ stolen data case despite being among the millions of customers “caught up” in the major data breach, arguing “every judge of this court” was likely a Frequent Flyer member.

Addresses, meal preferences and phone numbers were among the details of nearly six million Qantas customers compromised in a data breach of one of the airline’s call centres on June 30.

Qantas said Frequent Flyer details of customers was also on the system, but the airline confirmed there’s no evidence of any personal data being released, nor credit card or passport details or personal financial information accessed.

A judge will continue to preside over Qantas’ stolen data case despite being among the millions of customers ‘caught up’ in the major breach. Picture: NewsWire / Luis Enrique Ascui

Among those affected is Justice Francois Kunc, who is the presiding justice over Qantas’ recent court action to protect the stolen data.

The NSW Supreme Court granted an interim injunction to stop the data from being accessed, viewed, released, used, transmitted or published by anyone, including third parties.

In a brief hearing on Wednesday, Justice Kunc said he has been Qantas Club and Qantas Frequent Flyer member “for more years than I care to remember”, and had received a generic email that his data “is caught up” in the data breach.

He disclosed this to Qantas counsel, and said he didn’t believe this sufficient to recuse himself from the case, arguing it was a “somewhat limited connection”, and that people would feel he could be impartial.

Justice Kunc also accepted the counsel’s submission that “the principle of necessity may come into play”, arguing every judge was likely a Frequent Flyer or Qantas Club member.

“I would almost be prepared to take it as a matter of judicial notice that every judge of this Court is likely to have flown with Qantas and is probably a Frequent Flyer or member of the Qantas Club,” Justice Kunc said in his judgment.

The accounts of 5.7 million Qantas customers were compromised in a data breach of one of the airline’s call centres on June 30. Picture: NewsWire / David Swift

Hackers emailed Qantas

The airline has filed a statement of claim against “persons unknown” in the Supreme Court, which is defined as anyone or entity that carried out, participated or assisted in stealing of the data, communicated payment demands to Qantas, or posted some or all of the stolen data online.

The defendant allegedly contacted Qantas over a series of emails in which they claimed to have gained unauthorised access to data and stolen confidential data.

While much of that section of the document has been redacted, it does state “at no time has Qantas made a payment to the Defendant”.

The court on Thursday moved to restrain the defendant or any third parties from publishing the stolen data online, transmitting or disclosing it to any other person, using and viewing any of the data except for the purpose of gaining legal advice, and promoting or publishing any links where the data may be downloaded without the written consent of Qantas.

They must take all reasonable steps to remove the data from the internet, “including, for the avoidance of doubt, from ‘dark web’ locations”.

The matter is expected to be heard in the Supreme Court on Friday afternoon.

Originally published as Judge will stay on Qantas case despite being ‘caught up’ in the airline’s major data breach