The Surveillance Working Group has made a submission for the Foundation on the Land Transport Management (Time of Use Charging) Amendment Bill.
The submission raises significant concerns about more systematic or widespread use of automated number plate recognition (ANPR). Any legislation that permits the use of ANPR or related technologies should include significant safeguards to prevent over-expansive use of personal information, and to ensure that rights related to freedom of movement, expression and association are properly protected.
The submission considers that Bill contains several useful provisions that address privacy and transparency. However, there are six recommendations for amendments. These are that the Bill should:
- more clearly define “personal information” (clause 65ZF(6)) to ensure that time of use data that can be directly or indirectly linked to a number plate is properly recognised as personal information (matching the definition under the Privacy Act 2020)
- strengthen transparency obligations (clause 65ZG) to require the privacy policy to set out (at a minimum) what measures the agency has taken to comply with clause 65ZF and to include an itemised schedule of retention periods for each type of data
- expand the scope of clause 65ZF(1) to include all ANPR cameras operated by an enforcement authority, even when a camera is being used for collateral purposes
- state that IPP11 of the Privacy Act does not apply (to prevent agencies from attempting to use the more flexible exceptions under that principle to broaden the scope of the legislation) and instead require agencies to obtain warrants under the Search and Surveillance Act
- insert a maximum six month retention rule in clause 65ZF(5)
- make a consequential amendment to the Search and Surveillance Act that the surveillance device warrant regime is also intended to capture non-evidential/non-offence based use of tracking devices