New lawsuit over anonymous cash parking
Privacy First challenges license plate parking in Amsterdam court
License plate parking without cash payment is double privacy violation
Early this year judged the Supreme Court that for years the Tax Authority unlawfully collected the location data of all motorists in the Netherlands. The Tax Authority did this through a large network of ANPR (number plate registration) cameras along Dutch motorways. However, according to the Supreme Court, there was no legal basis for this. As such, this practice by the Tax Authority constituted a massive privacy violation.
Even at the local level, motorists' travel behaviour has been unlawfully registered for years: through license plate parking, the municipal tax authorities have full insight into who parks where and when. But here too, a specific legal basis as required by the Dutch Constitution and art. 8 ECHR (the right to privacy) is lacking. Moreover, there is no social necessity for compulsory ticketing. Furthermore, ticketing lacks the possibility of paying cash or otherwise anonymously. This makes badge parking a multiple privacy violation.
Introduction number plate not mandatory
Early 2015 won Privacy First filed its first lawsuit against license plate parking: since then, motorists have not been required to enter their license plates when parking. In early 2016, this verdict confirmed by the Supreme Court. However, those who do not enter a registration number will still receive a parking fine, which will only be quashed after an objection (with proof of payment). "So this is how you as a well-intentioned citizen are still punished if you want to be able to park anonymously. It's Kafka", said Privacy First chairman Bas Filippini. "The Supreme Court is clear: compulsory introduction of license plates should not be allowed. License plate parking should therefore be abolished", said our lawyer Benito Boer. To this end, Privacy First recently filed summary proceedings to enable anonymous parking without the introduction of the license plate and with anonymous payment option. The Court of Appeal of Amsterdam declared this case, however, inadmissible due to its complexity. In doing so, the court directed that a new trial on the merits be held in which all outstanding points of law could still be addressed. Such proceedings will take place next Thursday at the Amsterdam District Court. In addition to the question of the legality of license plate parking, the case will focus in particular on the lack of cash or anonymous payment options. In April 2016, Privacy First organised a public debate on this topic.
Court hearing at Amsterdam court
Privacy First hereby cordially invites you to attend the public court hearing. It will take place on Thursday morning 29 June at 9.00am at the Amsterdam District Court: Case L.T.C. Filippini vs. municipality of Amsterdam, case no. AMS 16/1758 PARKBL. Address: Fred. Roeskestraat 73, building G (Parnas). NB: this is the new temporary location of the court. Click HERE for directions.
Would you like to support us in pursuing this lawsuit? Then make a donation to Privacy First o.v.v. "privacyparking" in the name of Stichting Privacy First in Amsterdam, IBAN: NL95ABNA0495527521.
Update 29 June 2017: the court hearing this morning was relatively long and thorough. The court's ruling is tentatively scheduled for 10 August next.
Update 30 June 2017: Following the trial, a worth reading article on the Trouw website.
Update 10 August 2017: court verdict postponed for 6 weeks.
Update 21 September 2017: the court's ruling has been postponed for another six weeks.
Update 11 February 2019: The Amsterdam Court of Appeal also unfortunately dismissed the case. Read HERE OUR COMMENT. Privacy First is considering legal follow-up steps.