Nutsville on UKPC DPA Breach

Philter

What is personal data?

Personal data means data which relate to a living individual who can be identified –

(a) from those data, or

(b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller,

and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual.

It is important to note that, where the ability to identify an individual depends partly on the data held and partly on other information (not necessarily data), the data held will still be “personal data”.

Example

An organisation holds data on microfiche. The microfiche records do not identify individuals by name, but bear unique reference numbers which can be matched to a card index system to identify the individuals concerned. The information held on the microfiche records is personal data.

http://www.ico.org.uk/for_organisations/data_protection/the_guide/key_definitions

I'm pretty sure that covers VRMs, in the context of that information being in the possession of UKPC, or any PPC which has access to the DVLA.

Coupon-mad

It certainly covers the Blue Badges on the dashboards.

And how shocking was it to see so many meaningless photos of slightly skew-whiff Blue Badges when a PPC CANNOT even put a fake PCN on a car with a BB acording to the BPA CoP, and indeed are breaking the Equality Act 2010 the minute they harass a 'known' disabled person in this way.

Stroma

Yes and how many disabled tax discs were shown, yet they ticketed the car despite them knowing that the occupants are disabled. A shocking state of affairs.

Half_way

It certainly covers the Blue Badges on the dashboards.

if the blue badges were on public display then wheres the issue in the photos of them?
also....
Picked up via pepipoo, Nutsville have had a letter before action sent to them from representatives of UKPC, aleging ( amongst other things) that nutsville have breached the ata protection act by accessin the pictures.
info here http://nutsville.com/?p=4203

In my opinion if theres anything that UKPC could/should be upset about thenits a possible is a breach of copyright, as the copyright to an image rests with the person who took it/company who took it, and im guessing that publishing/re publishing the pictures or posibly even making intentional copys such as saving them permanantly without the permision of the owner could be seen as a breach ( of copyright ), and im not too sure that the owner of those images intended them to be publicly available.

spacey2012

As they can not serve a LBA by E-mail, it just shows the stupidity of these crooks.

Coupon-mad

Half_way wrote: »

if the blue badges were on public display then wheres the issue in the photos of them?

Showing a document on a dashboard in good faith is surely completely different than having that document photographed (without permission surely, seeing as I have NEVER seen a PPC sign warning about that possibility) and openly published for the nation to see on a webpage, which is what UKPC did by not making their website secure.

I can see this one running and running, no wonder UKPC are spitting feathers about it as they know how many complaints have flooded into the ICO. And 'even' the 'mighty' BPA can't influence the ICO like they do the DVLA...

I expect UKPC are waiting for the ICO to write to them right now and trying to cover their backs by attempting to shift the blame - they are trying to shoot the messenger for blowing the whistle about their insecure website, and to me that smacks of desperation!

LOVE THIS WHOLE STORY.

rizla_king

http://www.theregister.co.uk/2013/04/08/ukpc_pictures_leaked/

Stroma

Thanks for that

Half_way

Much as we wold all like to see the DVLa closing the doors to its database access to the sorry state of that is the UK parknig industry, i cant see much coming from this.
The British parking association limited, via their twitter feed https://twitter.com/BritishParking pointotwards 'guidance' being offered to the 'operator' and as with most things of this nature it will probably boil down to just that "guidance"

As for the pictures themeselves, without disclosing any data that isnt already publicly available on public display, I still cant see a huge DPA breach. whats to stop a PPC having a "rogues gallery" with all their pictures up, and intentionaly made available for all to view?

Coupon-mad

We'll have to wait and see. I think the open viewing of millions of people's cars with disabled badges, belongings and documents on display in photos is a pretty huge breach, personally. But I don't know for sure, just a gut feeling that this is pretty bad for UKPC and it makes me very happy!

I have the popcorn ready for when the decision from the ICO unfolds!