Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: DAB v Byron Shire Council [2017] NSWCATAD 104 Hearing dates: 25 July 2016 and 26 September 2016 Date of orders: 03 April 2017 Decision date: 03 April 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: R Perrignon, Senior Member Decision: 1. By requiring motorists to enter their licence plate numbers at its parking meters, the respondent Council did not collect ‘personal information’.
2. Even if the licence plate numbers constituted personal information, the collection of that data did not breach the relevant privacy protection principles in sections 8, 10, 12, 17 or 18 of the Privacy and Personal Information Protection Act 1998.
3. The Tribunal determines to take no further action.Catchwords: ADMINISTRATIVE LAW – registration metered parking scheme operated by Council in Broken Bay – Council collected licence plate numbers at its parking meters – whether ‘personal information’ – whether collected for a lawful purpose directly related to an activity or function of the agency – whether reasonable necessary for a parking scheme - whether information collected by unlawful means – whether agency informed motorists that information was being collected, its purpose, or of the ‘intended recipients of the information’ – whether agency informed motorists that information was required by law or voluntary – whether agency informed motorists of its name and address – whether agency did everything reasonably within its power to prevent unauthorised disclosure Legislation Cited: Administrative Decisions Review Act 1997
Privacy and Personal Information Protection Act 1998
Road Transport (General) Regulation 2013Cases Cited: WL v Randwick City Council [2007] NSWADTAP 58
Office of Finance and Services v APV and APW [2014] NSWCATAP 88Category: Principal judgment Parties: Applicant – self represented
Byron Shire Council (Respondent)Representation: Solicitors:
Applicant in person
Marsdens Law Group (Respondent)
Privacy Commissioner (Interested Party)
File Number(s): 2015/00383608, 1510737
REASONS FOR DECISION
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The applicant is a resident of Byron Bay in New South Wales. Until recently, she owned a motor vehicle. She would park it in parking spaces designated by the Byron Shire Council in the main street of the Byron Bay township, and in three carparks operated by the Council there. The Council had provided her with a paper permit, which exempted her from parking fees when parked in these parking spaces. She told the Tribunal that this was of considerable value to her, because she lived in her car, and slept in it at night. She said that a considerable number of the residents of Byron Bay did likewise. Her permit expired on 21 September 2016.
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On 13 August 2015, the Council resolved to confirm its intention to implement a ‘pay by plate’ parking scheme in the township. This meant a registration metered parking scheme, which required motorists to enter their licence plate numbers at the parking meters.
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To implement the scheme, Council entered into a contract with Australian Parking and Revenue Control Pty Limited (‘APARC’):
to supply and install parking meters manufactured by a French firm, PARKEON,
to supply…
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- Case
- [2017] NSWCATAD 104
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the collection of licence plate numbers by the Council constituted 'personal information' within the meaning of the Act. The Tribunal examined the definition of 'personal information' and considered whether the data collected was reasonable necessary for the purpose of the parking scheme. Furthermore, the Tribunal assessed whether the data collection complied with the statutory requirements, including whether the Council informed motorists about the collection, its purpose, and the intended recipients of the information, as well as whether it informed motorists of its name and address and whether it took reasonable steps to prevent unauthorised disclosure.
In its reasoning, the Tribunal held that the collection of licence plate numbers by the Council did not constitute the collection of 'personal information'. Even if it had, the Tribunal found that the Council's actions did not breach the privacy protection principles outlined in the Act. The Tribunal concluded that the collection of the data was directly related to the Council's function of managing metered parking and was reasonable necessary for that purpose. The Tribunal also found that the Council had adequately informed motorists about the collection and its purpose and had taken reasonable steps to prevent unauthorised disclosure. Consequently, the Tribunal determined to take no further action.
The Tribunal's final orders confirmed that the Council's collection of licence plate numbers did not constitute the collection of 'personal information'. Furthermore, even if it had, the collection did not breach the privacy protection principles. The Tribunal's decision provided clarity on the extent of privacy obligations for local councils in relation to metered parking schemes.
Orders
Orders of the court
1. By requiring motorists to enter their licence plate numbers at its parking meters, the respondent Council did not collect ‘personal information’.
2. Even if the licence plate numbers constituted personal information, the collection of that data did not breach the relevant privacy protection principles in sections 8, 10, 12, 17 or 18 of the Privacy and Personal Information Protection Act 1998.
3. The Tribunal determines to take no further action.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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