Automated Number Plate Recognition: Data Retention and the Protection of Privacy in Public Places

This article considers the legal regime related to the use of Automated Number Plate Recognition (ANPR) by reference to Article 8 European Convention on Human Rights (ECHR) and Article 7 and 8 of the EU Charter of Fundamental Rights (Charter). This area is problematic in that it involves the extent to which we can claim privacy in public spaces. The article argues that the right to privacy is engaged both because of the systematic storage of data by public authorities and because of the impact of location privacy. Locational privacy is a concept that has not been addressed directly in domestic literature and the article explains its nature and how it relates to ANPR. The article then considers whether the regimes in place satisfy the three stage test found in Article 8(2) ECHR and the analogous provision in the Charter bearing in mind the recent case on mass surveillance in the communications sector. The article concludes that the regime is open to challenge as it lacks a clear legal base and most likely would fail a proportionality assessment. A legislative regime specifying adequate safeguards and oversight mechanisms would seem, therefore, desirable.