DAB v Byron Shire Council [2017] NSWCATAD 104

DAB v Byron Shire Council [2017] NSWCATAD 104

The Tribunal held that licence plate numbers entered into Council parking meters were not 'personal information' because, on the evidence, the identity of motorists could not reasonably be ascertained from the licence plate information as entered at the meters and the other information available to Council. Accordingly, the privacy protection principles relied on were not engaged. In any event, the collection was for the lawful and reasonably necessary purpose of operating a registration metered parking scheme, was not for surveillance, was not by unlawful means, and the evidence did not establish any breach of sections 10, 12, 17 or 18 of the Privacy and Personal Information Protection...

Jurisdiction
Australia
Judgment Date
03 April 2017
Procedural Posture
Application for Review of Conduct Under the Privacy and Personal Information Protection Act 1998 / Final Decision After Tribunal Hearing and Council Internal Review
Outcome
The Tribunal determined to take no further action.
Legal Topics
['collection of Personal Information' 'licence Plate Numbers' 'registration Metered Parking Scheme' 'information Protection Principles' 'disclosure and Security of Personal Information']
['administrative Law' 'privacy Law' 'local Government'] ['collection of Personal Information' 'licence Plate Numbers' 'registration Metered Parking Scheme' 'information Protection Principles' 'disclosure and Security of Personal Information']

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Procedural Posture

Application for Review of Conduct Under the Privacy and Personal Information Protection Act 1998 / Final Decision After Tribunal Hearing and Council Internal Review

Legal Issues

  1. 1 ["Whether requiring motorists to enter licence plate numbers in parking meters involved collection of 'personal information' as defined in section 4 of the Privacy and Personal Information Protection Act 1998." 'Whether Council contravened section 8(1) by collecting information otherwise than for a lawful purpose directly related to a function or activity of the agency, or where collection was not reasonably necessary.' 'Whether Council collected licence plate numbers by unlawful means contrary to section 8(2).' 'Whether Council failed to inform motorists of matters required by section 10(a), (b), (c), (d) or (f).' 'Whether Council breached retention and security obligations in section 12.' 'Whether Council used licence plate information for a purpose other than that for which it was collected contrary to section 17.' 'Whether Council disclosed licence plate information to another person or body contrary to section 18(1).']

Ratio Decidendi

The Tribunal held that licence plate numbers entered into Council parking meters were not 'personal information' because, on the evidence, the identity of motorists could not reasonably be ascertained from the licence plate information as entered at the meters and the other information available to Council. Accordingly, the privacy protection principles relied on were not engaged. In any event, the collection was for the lawful and reasonably necessary purpose of operating a registration metered parking scheme, was not for surveillance, was not by unlawful means, and the evidence did not establish any breach of sections 10, 12, 17 or 18 of the Privacy and Personal Information Protection...

Court Disposition

The Tribunal determined to take no further action.

Orders

  • ["By requiring motorists to enter their licence plate numbers at its parking meters, the respondent Council did not collect 'personal information'." 'Even if the licence plate numbers constituted personal information, the collection of that data did not breach the relevant privacy protection principles in sections...