Private Parking Naming other driver Data Protection

steve1500

I know we all say don't talk to these people. But we know people do because of their scare tactics.

We do not want the good people to go breaking the law by naming another driver

We as private individuals are comletely exempt from Data Protection Legislation if the information we hold is for our private use Photo's at nativity plays etc.

If however, you use other peoples information for something else then you are required to notify & pay the Information commissioner a fee, failure to notify can result in a FINE of up to £5k in the mags court.

Notification IS NOT required if you are required to divulge someones identity by virtue of another statute.

Obviously supplying these xxxxxx with the name of another driver is not for private use,

As virtually non of us will have notified the Information Commissioner, by disclosing the name of the other driver you are breaking the Data Protection Act.

The Commissioner can FINE up to £500k for breaking the Act.

So if people are still thinking of talking / writing despite all our best endeavours. They should say

"Terribly sorry can't tell you who the other driver was, as to do so, would break the Data Protection Act"

Unless of course you have some very special Act of Parliament that requires me to do so

sarahg1969

Nice idea, but the DPA actually allows you to disclose or request data for several purposes, including, for example,for the purposes of detecting a crime (s29) or for the purposes of court proceedings - actual or anticipated (s35).

AlexisV

Simple fact is that a private individual is under no obligation to disclose any information to anybody, short of a specific court order. Which are rarer than hen's teeth and unknown of in the world of private parking.

steve1500

S29 (Prevention Derection of Crime) applies to a Data Controller and it is up to the Data Controller to decide & to be a Data Controller you must have notified

sarahg1969

steve1500 wrote: »

S29 (Prevention Derection of Crime) applies to a Data Controller and it is up to the Data Controller to decide & to be a Data Controller you must have notified

Which means that a parking company which is registered with the IC can request the information under ss29 and 35. You can, of course, demand that they obtain a court order to force you to divulge the information that they require. Which isn't going to be worth their while, of course, because they'd have to pay the costs.