Continuing from our earlier criminal law articles, concerning loss of privacy and attempts to strip away judicial responsibilities, is the new disturbing announcement of a trial where Queensland Police will now be tracking drivers through number plate recognition technology.

An article was published by Renee Viellaris of The Courier-Mail mentioning how each week some 25,000 number plates and their movements will be stored as part of a trial by police.

Each time a motorist passes a police vehicle fitted with the Automatic Number Plate Recognition (“ANPR“) system certain information about that vehicle and the owner is displayed and recorded. This includes whether the vehicle is registered, has been reported stolen, is owned by a person the police officer ought to be cautious of when intercepting, whether the owner’s licence has been suspended or disqualified and any other information that may be of relevance to the police.

This article focusses on concerns with number plate recognition records being obtained and the impact this has had on the criminal justice system.

We are finding that traffic charges are becoming more prevalent as people who fail to register their vehicle and or drive while disqualified or suspended are picked up very quickly. This is because all they have to do is drive past a police car installed with the ANPR system and they will then be intercepted. Perhaps what is most disturbing with the number plate recognition trial is that these records are stored and we are yet to understand how this information will be used other than for the enforcement of criminal and traffic offences.

There also has not been any significant debate on the privacy safeguards. It is accepted that there are many benefits to the community in that police are now better equipped and can monitor other offences whilst relying on the ANPR system to assist them. Other offences include people driving whilst using their mobile, performing u–turns where not permitted, failing to stop at a red light or stop sign etc.

Consequently, due to the recent influx of traffic matter’s before the Courts the public’s attitude to the enforcement of traffic offences will change as the ANPR system attracts more of the media’s spotlight. The difficulty that the community now faces is due to the success of the ANPR system in terms of traffic enforcement, that these benefits have overshadowed the very real privacy concerns. We do not know the true extent of how this new way of monitoring the public and record keeping will evolve.

Further, what corporate industries, government or concerned individuals may have in mind to benefit from this information in the future?

It has been shown in history that the more information corporations and governments have the more opportunity exists for this information to be abused, particularly when many people are involved and have access. A need for public surveillance cameras exist to catch potential criminals or to stop crimes, however many in the public may not want in addition to cameras their every move tracked by number plate recognition.

The article by Ms Viellaris states that the Queensland Transport Minister Scott Emerson “believes most drivers would be comfortable with police using their number plates to track them and contact them if it means they can help solve a crime”.

Quinn & Scattini hold serious concerns about the lack of public scrutiny which has gone into this new trial.  The Government has not indicated how they will dispose of this information after the trial has concluded, nor has there been any provision made in the Information Privacy Act 2009 (“the Act“) to deal with such information – only an obligation in the Act for some health information to be de-identified.

Articles Mentioned

Title: Queensland police using GPS technology to track and store thousands of number plates
Date: 2 September 2013
Outlet: The Courier-Mail
Author: Renee Viellaris

How We Can Help

Any individual who feels that their privacy has been compromised or as a result of any such trials and/or is charged by police should contact us immediately to obtain urgent legal advice.

Our team have the experience and expertise to obtain the best possible outcome.

As one of our clients said “Invest in the best. Q&S“.

Contact Us

Get the best representation. Contact Quinn & Scattini Lawyers on 1800 999 529, email mail@rmold.newwebsite.live, or submit an enquiry below.

We are available to meet with you at any of our local offices (Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba) or by telephone or video-conference.

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.