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
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