DAB v Byron Shire Council - [2017] NSWCATAD 104

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 2013
Cases Cited: WL v Randwick City Council [2007] NSWADTAP 58
Office of Finance and Services v APV and APW [2014] NSWCATAP 88
Category: 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

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.
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.
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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2017] NSWCATAD 104
Decision Date: 03 April 2017

CaseChat Overview and Summary

In the case of DAB v Byron Shire Council, the applicant, DAB, contested the respondent Council's metered parking scheme, which involved collecting licence plate numbers from motorists at parking meters. DAB argued that the collection of this data constituted an infringement of privacy protections under the Privacy and Personal Information Protection Act 1998 (NSW). The case was heard by the Administrative Appeals Tribunal, where the Tribunal had to decide whether the licence plate numbers collected by the Council constituted 'personal information' and whether the collection process adhered to the privacy protection principles outlined in the Act.

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

Full text does not contain this section.

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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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 2013
Cases Cited:	WL v Randwick City Council [2007] NSWADTAP 58 Office of Finance and Services v APV and APW [2014] NSWCATAP 88
Category:	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