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