Question – Facial Recognition Data Collection and Use
Questions by Hon Meg Webb MLC on 4 Nov 2019 answered for the Govt by Hon Will Hodgman Premier on 21 Nov 2019
In response to the Government’s answer to the question put by the member for McIntyre on 31 October 2019 in relation to consent to the collection and storage of biometric data of Tasmanians for use in the National Driver Licence Facial Recognition Solution –
Question (1) What assessment was undertaken to ensure the collection of data for this purpose is compliant with the Personal Information Protection Act 2004?
ANSWER (1) The Registrar of Motor Vehicles – the registrar – was satisfied there was legislative authority for the disclosure of driver licence images for identity-matching purposes. However, to give additional certainty, the relevant provisions of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 were amended to specifically cover disclosure for this purpose.
The Personal Information Protection Act 2004 – PIP act – allows for the disclosure of personal information for the purpose for which it was collected, which includes national identity‑matching services as noted in the personal information collection statement.
The PIP act also allows for disclosure for a purpose other than the purpose for which it was collected if that disclosure is reasonably necessary for law enforcement purposes, including the prevention and detection of identity crime.
Question (2) How is the collection and storage of biometric data for the purposes set out in the Intergovernmental Agreement on Identity Matching Services made between the Tasmanian Government and the Commonwealth, states and territories in October 2017 compliant with the Personal Information Protection Act 2004, in particular Schedule 1, clauses 1, 2, 5 and 6, noting that intergovernmental agreement-specified data is to be used not for vehicle licensing and driver identification but for preventing identity crime, general law enforcement, national security, protective security and community safety?
ANSWER (2) Clause 1 of Schedule 1 of the PIP act deals with the collection of personal information. The collection of photographs and other identifying information is a statutory requirement for the issuing and renewal of driver licences. There is no additional information collected for the purposes of identity-matching services.
Clause 2 of Schedule 1 allows for disclosure of personal information other than for the purpose for which it was collected if that disclosure is reasonably necessary for law enforcement purposes. On this basis, the provisions of the PIP act are not inconsistent with the specific provisions in the licensing regulations that permit disclosure for the purposes of identity‑matching services and the two provisions can operate concurrently.
Clause 5 of Schedule 1 of the PIP act deals with documentation of policies for the management of personal information. The disclosure of personal information for the purpose of identity‑matching services is clearly set out in the intergovernmental agreement. This agreement may be provided on request to anyone who asks for it, in accordance with section 5 of Schedule 1 of the PIP act. This information is also available via the Department of State Growth’s Transport website at www.transport.tas.gov.au
In accordance with clause 6 of Schedule 1 of the PIP act, individuals may access their personal information held in the driver licence register by submitting a request to the registrar. Information regarding this process is available on the Transport website.
Question (3) Why did the Government not refer the terms of the agreement to a parliamentary committee or seek amendment of primary legislation through the parliament to support Tasmania’s participation in the national identity-matching services regime?
ANSWER (3) The changes made to the regulations followed the national agreement at COAG in October 2017 for the establishment of national identity-matching services. The amended regulations were published in late December 2017, tabled in both Houses of parliament in June 2018 and examined by the Subordinate Legislation Committee later the same month. The Government has provided full public and parliamentary review of these changes, the legal provisions used and the reasons for doing so.
