Expert in bus gate claim
MOTORISTS will be in line for a multi-million pound windfall if a landmark bus gate challenge succeeds in court, according to a CCTV expert.
Paul Mackie, the Scotland-based compliance director for independent consultancy CameraWatch, claims that most traffic enforcement cameras contravene data protection law
He said that a case due to be heard at Glasgow Sheriff Court later this month could open the floodgates for thousands of motorists to challenge the legality of everything from bus lane to average speed camera fines.
The case concerns Livingston couple Geoffrey and Dawn Bonelle, who are seeking to recoup the £274 they spent clearing a bus gate fine on the grounds that signage in Nelson Mandela Place is substandard.
Mr Mackie, who advises private and public organisations across the UK and overseas on surveillance law, approached the couple after reading about their case in the Herald.
And he has urged them to challenge the legality of the fine on data protection grounds.
“This is like a bowling ball rolling towards the pins.
“And it could be a very major problem for Glasgow City Council,” said Mr Mackie, who stressed that he was an advocate of CCTV when used correctly.
He added: “From my point of view, I hope they see the threat of the Bonelles’ case as a wake-up call so that they finally fix their compliance issues.”
And Mr Mackie said that, under the terms of the Data Protection Act, where traffic cameras are in place there must be also CCTV notices telling motorists: Who is collecting their personal data on them, such as faces and number plates. What it is being used for – eg traffic enforcement. And a contact number where they can request details of the information held on them.
As no such sign information is present at Nelson Mandela Place, Mr Mackie said the evidence used to fine the Bonelles – and any other driver caught at the site – is illegal.
However, council chiefs are ada- mant that the signage is entirely legal.
The Nelson Mandela Place bus gate was activated in June 2014 and earned the council around £1.3million in penalty charges during its first year of operation.
The Bonelles’ case could open the door for thousands of motorists to try to claw back fines from similar bus lane cameras in Glasgow, Edinburgh, Aberdeen and any other UK city where they are used.
The same shortcomings are also likely to be found with the surveillance systems used for average speed cameras, said Mr Mackie.
He added that most authorities are oblivious to the data protection rules surrounding surveillance, but get away with it because drivers rarely contest them in court.
The Bonelles’ case would be the first of its kind in the UK to seek to overturn a bus lane fine on the basis of data protection breaches.
However, Glasgow City Council previously indicated that it will seek to have the case thrown out by challenging the jurisdiction of the court.
The hearing is scheduled for May 20.
A spokeswoman for Glasgow City Council said: “The signage for our bus lane cameras is fully compliant with the relevant legislation.”