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Do I have to provide my Drivers Licence as ID? Are businesses allowed to record this information?

There is increasing demand for individuals to provide proof of identity in shops, clubs, associations and other private businesses and government agencies. NSW law (specifically, section 175(1) of the NSW Road Transport (General) Act 2005) states that an organisation can only ask you for your drivers licence if it is authorised by law (eg. the police). However, it also states that under certain circumstances an organisation can request to see a drivers licence.

Section 175 of the Act states that an organisation can request the production of a driver’s licence to verify your identity or age in the following situation:

  • in connection with the supply of any goods or services, or
  • in connection with the conferring of any right, title or benefit, or
  • in other circumstances.
where it is reasonable for the person making the request to require evidence of the other person's identity or age.

Many organisations are covered by either state or federal privacy laws, which place limits on what personal information can be collected from you, and how your personal information can subsequently be used.

If the organisation does record your driver’s licence information, these privacy laws give you the right to access and correct your personal information held by government agencies or businesses. Find out more about different privacy laws in NSW.



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