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

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  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 1 June 2018 at 5:53PM
    DW190 wrote: »
    Just tried to asked the question to the DVLA as to which department to direct optin/optout requests. Auto response and the first paragraph is:

    The Law
    The law provides for the release of information from DVLA!!!8217;s vehicle register to the police, customs officers and local authorities for the investigation of an offence or decriminalised parking contravention.
    The legislation also allows us to release vehicle keeper information to private or public sector organisations and individuals providing they can demonstrate reasonable cause to have it.
    All data sharing undertaken by the DVLA is carried out in accordance with the principles of the Data Protection Act 1998.


    That wont last for long.


    WELL WELL ...... still working in the past ....

    Is the DVLA still pondering about GDPR 2018 ??? AS THAT'S
    THE LAW NOW
  • DW190
    DW190 Posts: 208 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 1 June 2018 at 6:15PM
    I've just been on the online chat with the DVLA and was told that all KADOE requests are manually checked. Does anyone know for sure or will the be a FoI request.

    They don't have a facility in place to advise me if my data is processed to a reasonable request.
  • iammumtoone
    iammumtoone Posts: 6,377 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper I've been Money Tipped!
    As someone who has never received any correspondence from a parking company. Can I still requested to the DVLA that they never supply my details to any such company?


    Or do I have to wait until I potentially get a letter from a parking company and then complain/request my details are not provided again in future?


    Thanks
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 1 June 2018 at 6:25PM
    DW190 wrote: »
    I've just been on the online chat with the DVLA and was told that all KADOE requests are manually checked. Does anyone know for sure or will the be a FoI request.

    They don't have a facility in place to advise me if my data is processed to a reasonable request.

    Work out just how many staff they would need to do this
    based on 2017 figures, PRIVATE parking companies buy the
    details of more than 19,000 vehicles each day from the DVLA

    https://www.express.co.uk/life-style/cars/832782/DVLA-parking-fine-tickets-UK

    They had better get the facility in place or open up next door
    to the BPA in the Gobi desert
  • DW190
    DW190 Posts: 208 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    DW190 wrote: »
    Just tried to asked the question to the DVLA as to which department to direct optin/optout requests. Auto response and the first paragraph is:

    The Law
    The law provides for the release of information from DVLA!!!8217;s vehicle register to the police, customs officers and local authorities for the investigation of an offence or decriminalised parking contravention.
    The legislation also allows us to release vehicle keeper information to private or public sector organisations and individuals providing they can demonstrate reasonable cause to have it.
    All data sharing undertaken by the DVLA is carried out in accordance with the principles of the Data Protection Act 1998.

    Here's the rest of the response:

    Reasonable cause for data release
    Reasonable cause is not defined in legislation but the Government!!!8217;s policy is that it should relate to the vehicle or its use, following incidents where there may be liability on the part of the driver.

    Guidance on what constitutes reasonable cause is published online at https://www.gov.uk/request-information-from-dvla.
    Where reasonable cause has been demonstrated, information is disclosed on the condition that it will only be used for the requested purpose and that the recipient will protect its confidentiality.

    The legislation that allows the release of information under the reasonable cause provision allows DVLA to charge a fee to cover the processing costs of providing the information. We are prohibited from making a profit.

    Safeguards (A little different to the new ones)

    The DVLA has tough safeguards in place to protect the privacy of information held on our records.
    Both public and private organisations that request information via the manual route, providing hard copies, must provide full details of the incident leading to the request and the relevant evidence.
    Those who request information via a secure electronic route first serve a 6 month probationary period making manual request only. All organisations have to adhere to strict contractual terms which details when they can make requests.

    All unregulated organisations, such as private car parking management companies, requesting information from DVLA vehicle records must be a member of an Accredited Trade Association.

    DVLA will only release information when it is lawful and fair to do so. It is an offence under Section 55 of the Data Protection Act to obtain information under false pretence or to use it for a purpose other than that originally stated.
    DVLA Audit Teams visit external organisations requesting DVLA data to ensure that information is only requested and used in accordance with the agreed terms.
    We hope this information provided has answered your query.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 1 June 2018 at 6:35PM
    "Those who request information via a secure electronic route first serve a 6 month probationary period making manual request only. All organisations have to adhere to strict contractual terms which details when they can make requests."

    This we know but take note ......

    "secure electronic route" ....... means it's automated and
    not as you were told .... done manually ... thats just for newbies:eek:
  • Castle
    Castle Posts: 4,789 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    DW190 wrote: »
    Where reasonable cause has been demonstrated, information is disclosed on the condition that it will only be used for the requested purpose and that the recipient will protect its confidentiality.
    So ask for proof!
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Indeed, nothing there states thenelectonic requests have ANY checks at all.
  • ladaowner55
    ladaowner55 Posts: 83 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    As someone who has never received any correspondence from a parking company. Can I still requested to the DVLA that they never supply my details to any such company?


    Or do I have to wait until I potentially get a letter from a parking company and then complain/request my details are not provided again in future?


    Thanks

    You can ask it will waste their time and money
  • Coupon-mad
    Coupon-mad Posts: 151,849 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 June 2018 at 2:31AM
    I know that people can be exempted under certain circumstances, not sure what apart from diplomatic immunity or maybe a disabled and vulnerable non-driving or child registered keeper.

    But I am of the view that people should ask and should complain more, and should now BOMBARD the DVLA about this subject.

    I agree that people can certainly now validly ambush the DVLA with requests to either be 'exempted' so their data is blocked from private parking firms, or alternatively ask that the file is noted that the data subject requires the DVLA to never release their data without first:

    - writing to tell them, and
    - prove that the decision has been manually checked and not processed automatically, and
    - allow them a suitable, stated period of time to object, as per the GDPR.

    If you don't ask, you don't get.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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