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Privacy FAQ

• Are the photographs legal?
• Doesn't this site infringe on personal privacy?
• How does that comply with the UK Data Protection Act, 1998?
• What's your position on privacy?
• My car is on your site, how do I get it off?

Are the photographs legal?

We are not aware of any country where taking a photograph in a public place is an illegal activity. Some countries have laws preventing where the taking of images in public or semi-public places, such as courtrooms or government offices, is restricted; but for open air public space, such as carparks that are freely open to the public, the issue of legality comes down to two things: the manner in which the photograph is obtained, and the subject matter of the photograph.

• Do NOT take photographs of vehicles in private areas.
• Do NOT harrass, stalk, or use surveillance techniques to get your photographs.

Because we are not just disability advocates, but advocate on privacy issues as well, we do NOT want photographs that include people. Vehicles only please.

Doesn't this site infringe on personal privacy?

Privacy laws obviously vary from country to country, but the vast majority of them focus on disclosure of personal information. We do not publish personal information about individuals - not yours and not the offenders.

Most Western countries have some form of privacy rights enshrined in law, in some cases through statute, in others through case law and the law of tort. It is almost universally held that no privacy expectations exist in public places. We only publish photographs which depict an unexceptional scene that people could see for themselves on a public street or public carpark. The details given on the site relate only to information that has been observed by the person who took the photograph, and are represented fairly.

We make no attempts to identify owners or drivers of the vehicles depicted on our site.

How does that comply with the UK Data Protection Act, 1998?

The Data Protection Act applies mainly to personal information held in electronic form. There are two things to consider when evaluating whether this site is bound by the Data Protection Act or similar laws elsewhere.

1 - Does this site hold any personally identifying information?

We hold the information you give when you register on this site. (Please see our site's Privacy Statement to see how we comply with laws and good practise in securing your information).

We do NOT hold any personal information relating to the vehicles that are parking in disability car spaces.

2 - If information we hold does not in itself identify an individual, could it be used to identify an individual when combined with other information we hold, or expect to hold at some point in the future?

No. We do not hold, and do not intend to hold, any information that could identify the owner or driver of the vehicles.

More information: Information Commissioner's Office http://www.ico.gov.uk/

Laws in other countries such as the United States and New+Zealand have similar Privacy Acts, with similar requirements.

What's your position on privacy?

Personal privacy is something we take very seriously. This website, despite not being in the EU, respects the European Convention on Human Rights, which includes a Right to Privacy (Article 8) and Freedom of Expression (Article 10). An individual's right to privacy is qualified by location. People in public places such as airports, railway stations, public streets, public carparks, and shopping malls cannot expect the same degree of privacy as in their own homes. In public places, a camera cannot see something that is not already on show to public gaze.

This site only attempts to record vehicles that are seen by the public, in public places. Casual surveillance frequently occurs in public however, we believe that individuals have the right to go about their normal business in public free from scrutiny. Therefore, there is no public disclosure of private facts and we do not publish any photographs that include people. Simple.

There are two separate issues when considering the privacy implications of this site:

1 - Your obligations as submitters of content to this site.

To the best of our knowledge, there is no law in any Western democracy that prohibits the taking of photographs in public areas. We do not publish photographs that include recognisable people (although images may sometimes have impossible to identify, background depictions of passers-by).

2 - The publication of the submitted content.

Publication takes place in the United States. The Supreme Court in Washington state has held that no privacy expectations exist in public places. At this stage, we are unaware of any case law that attributes privacy rights to inanimate objects, such as motor vehicles.

My car is on your site, how do I get it off?

The purpose of this site is to raise awareness of the issues surrounding the misuse of parking that has been designated for use only by people with disabilities. If you have a placard and just forgot to place it where it could be seen, then please accept our apologies that your vehicle was mistaken for a transgressor (and don't forget your placard next time!)

If you do not have a permit to park in disability spaces and are unhappy that your vehicle was added to this site, we will remove the license plate/registration plate details.

In each case, please use the "contact us" form so we may initiate removal of details.