New ID Scanning Laws – what you need to know

The new ID scanning laws came into effect in Queensland from 1 July 2017. The purpose of these laws is to identify individuals who are the subject of banning orders to the various licenced pubs, nightclubs and bars around town.

In short, all licensed venues that ordinarily trade past midnight in the Safe Night Precincts, including the CBD and Fortitude Valley, are required to have approved ID scanners installed at each entry point to their venue. They are also required to scan the ID of all patrons entering their premises after 10pm, with some exceptions being hotel guests and people attending functions at the venue.

The scanners are linked to an approved ID scanning system which allows the cross-checking of an individual’s ID to any known bans held by the Office of Liquor and Gaming Regulation.

The concern for many people is the retention and use of their personal information obtained through these ID scanners. To address this issue, the scanning system will automatically delete the scanned information after 30 days and access to the scanned data is restricted, with the scanning system keeping a record of all those that log on to the system. Further, all licensed venues must still comply with their obligations under the Privacy Act 1988 (Cth) in relation to the protection of personal information recorded by the scanners, which includes compliance with the Australian Privacy Principles (APPs).

Venues may only use personal information for the primary purpose for which it is collected.

It may also use the information in other limited circumstances, such as direct marketing, but must make patrons aware of the intended use of the personal information, and give patrons the option of not receiving the direct marketing, at the time of collection.

If an individual suspects there has been a privacy breach of their personal information they can first lodge a complaint to the venue directly and thereafter a complaint to the Office of the Australian Information Commissioner if they believe the venue has not appropriately dealt with the complaint within 30 days of receiving it. For more information visit the Queensland Government website