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CEL Whacked for £900 in DPA Breach Counterclaim

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  • safarmuk
    safarmuk Posts: 648 Forumite
    because they are never 'acting as agent' on behalf of the DVLA.
    I think this is the key point ... in my first example Service Provider B was working as an agent for Client A.

    In the case of the PPC they are not working as an agent or a service provider for the DVLA, they acquire the information for the purposes set out in their KADOE contract and therefore then become both the Data Controller and Data Processor

    I agree with a previous post on this thread, the DVLA will have checked this and will have covered themselves for sure.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Elysander wrote: »

    Thanks good read and we know which member that is.

    I wish the Mail would get their act together and stop using the word
    FINE ..... :eek:

    Shame that MSE was not mentioned.

    CEL is one of the rubbish scammers

    Wright Hassall brought this unfounded case and the judge was
    clear on what he thought about WH:T

    Until Marcus Jones MP, DCLG gets his fingers out to stop
    this mega scam we will still get these problems

    The mail does a good job in getting the message out but they
    are not doing enough to make the public aware of this huge scam
    which is allowed and approved by the government
  • System
    System Posts: 178,349 Community Admin
    10,000 Posts Photogenic Name Dropper
    Until Marcus Jones MP, DCLG gets his fingers out to stop
    this mega scam we will still get these problems

    Marcus Jones is no longer at the DCLG. No one is.

    You'll just have to wait until after June 8th to see who gets the job and whether the PPC industry is part of their manifesto.

    Not long now.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • "As for any DVLA liability, I don't think they could be exposed due to the PPC's unauthorised use. However, perhaps an argument (if not already explored) of negligence on part of the DVLA e.g. failing to institute or maintain any adequate systems/procedures/measures to ensure that the PPC obtaining and using the personal data does in fact have a right to pursue the registered keeper, which could be strengthened if there is evidence the DVLA has received complaints about PPC's from registered keepers about the use of their data. That sort of argument though is a moot point and might not stick or be worth pursuing"

    And the fact that the KADOE contract requires the PPCs to keep the Registered Keepers data for a period of up to 2 years for their auditing reasons also surely goes beyond what is reasonable.
  • System
    System Posts: 178,349 Community Admin
    10,000 Posts Photogenic Name Dropper
    And the fact that the KADOE contract requires the PPCs to keep the Registered Keepers data for a period of up to 2 years for their auditing reasons also surely goes beyond what is reasonable.

    No. Keeping - for the purpose of traceability is to be encouraged. By traceability I mean where the information came from, how it was processed and who got it e.g debt collector.

    Otherwise it would be a case of mass producing letters and spraying them out to all and sundry.

    Oh. Hang on.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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