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Article 13 GDPR (Data Protection Act 2018)

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Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Wrong. Visit the ICO website to find that out :)
  • abedegno
    abedegno Posts: 177 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 22 May 2018 at 10:30PM
    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."
  • steve1500
    steve1500 Posts: 1,462 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    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 individual
    Private 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 DVLA :D
  • abedegno
    abedegno Posts: 177 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    The Data Protection Bill 2018 should gain royal ascent today (23rd) - hurray! :beer:
  • Libber
    Libber Posts: 49 Forumite
    edited 23 May 2018 at 6:54PM
    abedegno wrote: »
    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.
  • abedegno
    abedegno Posts: 177 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 23 May 2018 at 7:59PM
    The driver forms the contract when they enter the site, the RK whose details DVLA provide cannot be assumed to be the driver.
  • steve1500
    steve1500 Posts: 1,462 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    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 notice
    Private 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 DVLA :D
  • Castle
    Castle Posts: 4,952 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Libber wrote: »
    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.
    But what happens when the sign(s) says "No Parking", which means no contract is being offered?
  • abedegno
    abedegno Posts: 177 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Castle wrote: »
    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 car :)
  • jackfrost1
    jackfrost1 Posts: 16 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    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.
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