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Article 13 GDPR (Data Protection Act 2018)
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Wrong. Visit the ICO website to find that out0
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Definition of personal data under GDPR is broader than under the DPA.
It now means "any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier."0 -
The Data Protection Act 2018 is now law.
The PPC's have to issue the Fair Processing at the time of collection not if they issue NTK
That is the fun ANPR falls within data Protection because they have collected the car reg, which identifies a living individualPrivate Parking Tickets - Make sure you put your Subject Access Request in after 25th May 2018 - It's free & ask for everything, don't forget the DVLA0 -
The Data Protection Bill 2018 should gain royal ascent today (23rd) - hurray! :beer:0
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The interesting thing for me, is which lawful basis will the PPC use for processing the data they receive from the DVLA - I would expect Legitimate Interest.
Wouldn't the contract basis be more applicable? Since the Beavis ruling established that a contract can be formed if a motorist chooses to park in a car park with clearly visible signs that are correctly worded and formatted, it would seem that all subsequent data processing (collection of registration details and subsequent processing of names and addresses obtained from the DVLA) would all be necessary for performance and enforcement of the contract.0 -
The driver forms the contract when they enter the site, the RK whose details DVLA provide cannot be assumed to be the driver.0
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Whether it is a contract or the legit interests of the PPC, does not get round the requirement for the fair processing notice.
Very limited circumstances when there is no requirement to issue a fair processing noticePrivate Parking Tickets - Make sure you put your Subject Access Request in after 25th May 2018 - It's free & ask for everything, don't forget the DVLA0 -
Wouldn't the contract basis be more applicable? Since the Beavis ruling established that a contract can be formed if a motorist chooses to park in a car park with clearly visible signs that are correctly worded and formatted, it would seem that all subsequent data processing (collection of registration details and subsequent processing of names and addresses obtained from the DVLA) would all be necessary for performance and enforcement of the contract.0
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But what happens when the sign(s) says "No Parking", which means no contract is being offered?
Well - that's an issue now and not really related to GDPR - it would be forbidding so no contract is formed depending on the entire wording.
This is why the lawful basis for processing would need to be legitimate interest and not consent - how are they going to record your consent to permit an ANPR camera to capture the license plate of your car0 -
I do wonder how the PPCs have set themselves up to deal with GDPR.
I wonder if it would be possible to bury them under so many Data Subject Access Requests that they cannot meet them? (ie requests from you and me to see what they hold/how they process our data)
The deadlines are quite strict and there is the potential for harsh penalties if they are found not to be compliant.0
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