29Use, retention and disclosure of data by road transport

29 Use, retention and disclosure of data by road transport authority and other people (1) The road transport authority may use or disclose data collected in relation to a traffic offence detection device only— (a) in connection with the enforcement of the road transport legislation; or Examples 1 disclosure to a police officer for issuing an infringement notice 2 disclosure to a prosecutor preparing prosecutions 3 disclosure to or use by a contractor engaged to provide services in relation to the operation of a traffic offence detection device 4 use of data to test and maintain a traffic offence detection device (b) to issue a written warning in connection with the enforcement of the road transport legislation; or (c) if the use or disclosure of the data is reasonably necessary for the enforcement of the criminal law or a law imposing a monetary penalty; or (d) for research relating to improving road safety and transport efficiency, but only if identifying information about people cannot be ascertained from the data; or (e) if the use or disclosure of the data is required or authorised by— (i) a law of the Territory; or Example a person asks for a copy of an image under s 27 (ii) a law of the Commonwealth; or (iii) an order of a court of competent jurisdiction.

(2) A person to whom data collected by a traffic offence detection device is disclosed under subsection (1)— (a) may use the data only for the purpose for which it was disclosed and in accordance with any applicable laws; and (b) must not retain the data for longer than required by or for that purpose, or as required by law; and (c) must not disclose the data to someone else unless the disclosure is required or authorised by— (i) a law of the Territory; or (ii) a law of the Commonwealth; or (iii) an order of a court of competent jurisdiction. (3) A person mentioned in subsection (2) includes a contractor engaged to operate a traffic offence detection device. Note A public sector agency must not enter into a government contract unless the contract contains appropriate provisions for privacy protections (see Information Privacy Act 2014, s 21). (4) The road transport authority, and any person to whom data collected by a traffic offence detection device is disclosed under this section, must ensure that the data is protected by security safeguards that are reasonable in the circumstances to prevent— (a) loss; and (b) unauthorised access, use, modification or disclosure; and (c) other misuse. (5) In this section: data includes an image or a series of images. law of the Territory, in relation to data collected by a traffic offence detection device, means a law that expressly requires or authorises the use of the data.

Traffic management Part 7