Updates on cases, laws, and other topics of interest to local governments

Subscribe by Email

Enter your Email:
Preview | Powered by FeedBlitz

Subscribe in a Reader

Follow Municipal Minute on Twitter


Blog comments do not reflect the views or opinions of the Author or Ancel Glink. Some of the content may be considered attorney advertising material under the applicable rules of certain states. Prior results do not guarantee a similar outcome. Please read our full disclaimer

Wednesday, December 4, 2013

Parking Tickets on Windshield a Permissible Use under DPPA

We reported on the blog previously about the Senne v. Palatine case where the Seventh Circuit Court of Appeals ruled that Palatine’s practice of placing parking tickets on a car’s windshield was a “disclosure” under the Driver’s Privacy Protection Act (DPPA). 
The Seventh Circuit had subsequently remanded the case back to the district court to make a determination as to whether that “disclosure” fell within the permissible use exemption under the DPPA.  On remand, the Village filed a motion for summary judgment, arguing that (1) the Village's use of the personal information fell within the permissible use exemption of DPPA because the police department used the personal information in a variety of ways, including confirming the identity of the correct party and (2) that the Village did not “disclose” anything because the tickets were placed face down on the windshield.   
Last week, the district court granted the Village's motion for summary judgment in the case.  Senne v. Palatine, 2013 WL 6197092, Not Reported in F.Supp. (N.D. Ill., November 27, 2013).  Although the district court rejected the Village’s argument that it didn’t disclose anything because the ticket was face down, it held that the Village’s practice was a “permissible use” under the DPPA because the PD uses the personal driver information in a variety of ways, including to confirm that the ticket was issued to the correct person.
The plaintiff in the case, Jason Senne, has already filed an appeal with the Seventh Circuit, so municipalities should monitor this case to see what happens on appeal.

Post Authored by Julie Tappendorf, Ancel Glink


Post a Comment