June 2018 - start of the new PPC and DVLA fightback (GDPR related)

Redx

another Britannia saga in this thread too


https://forums.moneysavingexpert.com/discussion/5690655/entered-wrong-reg-on-app-messed-up-my-appeal-now

steve1500

The Fair Processing Notice aka Privacy notice, must be given when the information is collected.

If they have not issued the FPN at the time of collection then they are in breach of the First Data Protection Principle. Lawful, Fair & Transparent.

GDPR is very specific as what their signage should say.

If I was lucky enough to get an invoice I would certainly be quoting non compliance with the first principle.

A breach of any of the principles opens up the right to compensation.

If you breach any part of the Act, you virtually always breach the first principle.

Breach a principle & you shouldn't be processing the data.

bergkamp

Euro Car Parks;

The control you have
How to get a copy of your personal data
If you wish to obtain a copy of your personal data then you can contact us via email at DPO@eurocarparks.com

We will take reasonable steps to verify your identity and that you are entitled to the information and we will ensure that your request is processed and resolved within 30 days.

Letting us know if your personal information is incorrect
If you believe that any data we hold may be inaccurate, incomplete or out of date then you can contact us via email at DPO@eurocarparks.com

We will take reasonable steps to verify your identity and to correct any inaccurate data and ensure that your request is processed and resolved within 30 days.

What if you want us to stop using your personal information?
If you wish to object to us using your personal data then you can contact us on DPO@eurocarparks.com

We will take reasonable steps to verify your identity and to process your request. Euro Car Parks Ltd does not have to agree with your request but under data protection law must advise you why such a decision has been made.

How to withdraw your consent
You can withdraw any provided consent at any time, if you wish to do so contact us via email DPO@eurocarparks.com

This will only affect data that we use under the basis of consent and once withdrawn we may not be able to provide certain products or services to you. If this is so, we will tell you.

How to complain
Euro Car Parks is committed to ensuring your data rights are upheld, if you are unhappy with how we have used your personal information you can contact us via email DPO@eurocarparks.com

You also have the right to take your complaints directly to the regulator, and to lodge an appeal with them if you are not happy with the outcome of a complaint.

In the UK this is the Information Commissioner’s Office. Find out on their website how to report a concern.

https://www.eurocarparks.com/privacy-statement#ps_withdraw_consent

abedegno

So today I got an update from the ICO about my two complaints about ParkingEye:
1) Their policy to retain ANPR data for 12 months even where a parking contravention has not occurred
2) Whether the decision to issue a PCN falls under article 22 (automated decision processes with legal or similar effects)

In summary the ICO is following up with ParkingEye on point 1, however, the ICO seems happy with ParkingEye's assertion that there are significant manual steps in their PCN issuing process - I personally don't believe this as they issue 4000 notices a day it seems infeasible for this to be true.

We write further to previous correspondence and in response to the concerns you have raised with the ICO about ParkingEye Limited.

In response to the concerns you have raised with the ICO, we have now contacted ParkingEye and asked the company for its position in relation to its retention policy (12 months for non-contravention data).

We note that in your correspondence with ParkingEye it provided further information about its use of ANPR and the quality checking process in place for issuing PCNs. From the information provided it does not appear that ParkingEye are undertaking solely automated decisions which produce a legal affect which significantly affects data subject.

We would not consider the decision made not to escalate parking data as a possible contravention to fall under Article 22. As ParkingEye has confirmed that any personal data undergoes a manual intervention process once a possible contravention has been detected, we would not consider the issuing of a PCN and involved request for keeper details made to the DVLA to be a solely automated decision.

We understand requests for access to your personal data and requests for erasure have now been actioned by ParkingEye. If you consider there to be further action required by ParkingEye in relation to these matters please inform us.

Having reviewed the information you provided in relation to these requests, we have provided ParkingEye with further guidance for handling future requests in order to improve its information rights practices.

Once we have received a response from ParkingEye in relation to its retention policy we will write to you again to provide you with our view of this matter.
We would like to thank you for bringing these concerns to our attention as it has given us an opportunity to improve the information rights practices of ParkingEye.

Details of this concern will be kept on file. Information gathered from concerns may form the basis for formal regulatory action in the future where appropriate.

Should you wish to discuss this matter further please do not hesitate to contact me.

Coupon-mad

Details of this concern will be kept on file. Information gathered from concerns may form the basis for formal regulatory action in the future where appropriate.

This is good I suppose, as long as we keep bombarding the ICO with PPC data mishandling/excessive ANPR use complaints.

Castle

So the ICO are saying that when they photograph your vehicle going in and out of a car park it doesn't create a contract.

Coupon-mad

it does not appear that ParkingEye are undertaking solely automated decisions which produce a legal affect which significantly affects data subject.

They can't even spell 'effect'...and clearly this is EXACTLY what PE are doing.

abedegno

Coupon-mad wrote: »

They can't even spell 'effect'...and clearly this is EXACTLY what PE are doing.

Do we have some good examples of ParkingEye NTKs issued in clear error which shows that manual intervention is not happening when they are issued? I've found this from last year:
http://parking-prankster.blogspot.com/2017/02/parkingeye-scam-fails-driver-cottons-on.html

I'd like to then go back to the ICO and press them on the accuracy of ParkingEye's statements.

twhitehousescat

not parking eye , but will smart do

or not so smart https://www.thenorthernecho.co.uk/news/13944793.mans-shopping-trolley-gets-100-parking-fine/

Coupon-mad

abedegno wrote: »

Do we have some good examples of ParkingEye NTKs issued in clear error which shows that manual intervention is not happening when they are issued? I've found this from last year:
http://parking-prankster.blogspot.com/2017/02/parkingeye-scam-fails-driver-cottons-on.html

I'd like to then go back to the ICO and press them on the accuracy of ParkingEye's statements.

What about the double dip list:

http://notomob.co.uk/discussions/index.php?topic=5768.120

...many of those are ParkingEye.