‘Deeply concerning’: Auditor’s report finds Western Australia’s use of traffic monitoring devices breach surveillance laws

One state has been accused of “illegally gathering” information from road users after an auditor found the practice breached surveillance laws.

The West Australian government has been accused of “illegally gathering” information from road users after an auditor found the practice breached surveillance laws.

WA Opposition Leader Shane Love blasted the state government, calling the traffic monitoring practice a “significant breach of public trust”.

“Given drivers are likely unaware their everyday movements are being monitored by the state government, and potentially accessible by other agencies, the minister must apologise for this betrayal,” he said.

“Regrettably, the minister not only refused to direct Main Roads to adhere to the law but also downplayed the severity of this breach of public trust and WA’s surveillance laws.”

Bluetooth devices used to monitor traffic on local roads were found to breach surveillance laws. Picture: NCA NewsWire / David Crosling

His comments came after Western Australia’s Auditor-General Caroline Spencer handed down a report into the state’s traffic management system.

The report found Main Roads, the state’s road network agency, had used 180 devices on local roads to monitor congestion despite an update to surveillance laws in 2016 making it illegal to do so.

“Despite being aware they are not permitted to, MRWA (Main Roads Western Australia) has continued to collect anonymous data from local road users,” Ms Spencer said.

“We have recommended they comply with the regulations.”

Mr Love raised the issue in WA’s Legislative Assembly on Wednesday, calling on Transport Minister Rita Saffioti to apologise and remove the devices.

Nationals leader Shane Love said the findings of the auditor’s report were ‘deeply concerning’. Picture: NCA NewsWire / Sharon Smith

Ms Saffioti baulked at the suggestion, saying the government was briefed on the issue this week and intended to change regulations to allow the use.

“Let’s get to the point, there was no illegal monitoring of people,” she said.

“This is assessing traffic counts and traffic movements and there are regulations on how that information is used.

“The relevant regulation refers to allowing the monitoring of traffic on a highway or a main road.

“It has now been discovered that a highway or a main road does not apply to local roads.

“This is a definitional issue about main road and highway and we’re changing that to road.”

Deputy Premier Rita Saffioti said she was made aware of the findings this week. Picture: NCA NewsWire /Philip Gostelow

Mr Love described the finding as “deeply concerning”, saying information collected could potentially be used by law enforcement.

“While WA Police have not yet accessed this information, the contentious access to private data through the SafeWA app made it clear WA Police will seek access to any available evidence,” he said.

“This raises serious questions about who made the decision to deliberately flout the Surveillance Devices Act and why the minister was not informed sooner.”

Ms Saffioti said the devices were Bluetooth sensors used to monitor congestion and travel times and there was “no evidence” these were used to monitor people.

A Main Roads spokeswoman said the agency does not have the capacity to track individuals along the road network.

“The traffic monitoring devices used for collection of anonymised travel time data is purely to measure road network performance,” she said.

“Main Roads has been working with WA Police since early 2020 to assist drafting the required amendments, which will ensure the Regulations make adequate reference to local road infrastructure when specifying the use of traffic monitoring devices, as is currently the case for all State roads and highways.”

The spokeswoman said the auditor’s report will play an important part in shaping how intelligent transport systems are used to reduce traffic congestion and improve road safety.