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

beamerguy

foxy-stoat wrote: »

Once a good template has been posted I will send it DVLA for the 3 vehicles our household has.

I think a template request will get back a template reply.

I have done this and its easy.

You simply request the DVLA not to process your data
to private parking companies and you hereby OPT-OUT
and require confirmation they have dealt with this as
per your request.

Personally written letters are better than a template

We all still await an answer from the DVLA as I think
this will end up with the Supreme Court who will then
have to deliberate if they will go against the EEU
and GDPR.

Interesting times ahead

abedegno

How about:

Restriction of automated decision making

Dear Sir/Madam,

I understand from reading the privacy notice provided by DVLA here:
https://www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency/about/personal-information-charter
That DVLA will release my personal details to private and public-sector organisations providing they can demonstrate reasonable cause to receive it. It is also my understanding that this information is released electronically and automatically without human intervention using the Keeper at Date of Event (KADOE) system.

This arrangement falls under the scope of Article 22 of the GDPR, which has rules to protect individuals where a solely automated decision-making has legal or similarly significant effects on them.

My concern is that this automated process does not:

• Check that reasonable cause exists.
• Check that the KADOE System user has met their contractual requirement with DVLA, which includes:
  • That information from the records are used for the reason that was given.
  • Evidence exists that an unauthorised parking incident occurred.
  • There is an Agreement with the landowner to authorise the private parking operator to operate the parking scheme on their land and to take legal action to recover a charge on their behalf.

As such I would like the DVLA records containing my personal details as registered keeper of vehicles:

• ABC
• DEF
• Etc

To be marked as frozen so that all future decision making involves human intervention so that as the data subject I can express my point of view, obtain an explanation of the decision and, if applicable, challenge it.

Yours Sincerely

The Data Subject

Coupon-mad

Brilliant effort at the DVLA complaint for people to test! :T

The only thing I would change is the end:

To be marked as frozen so that all future decision-making involves human intervention and that -where the request is not from the Police or a Local Authority - I am always contacted by the DVLA in advance, so that as the data subject with rights as set out in the GDPR, I can express my point of view, obtain an explanation of the decision to share data and, if applicable, challenge it.

abedegno

Thanks for the edit suggestion, I've tried sending this to DVLA - will be interesting to see what I get back...

Tabz123

Anyone know an email address for sending a SAR to ES Parking Enforcement Limited

KeithP

Tabz123, that question should be on your own thread.

abedegno

Tabz123 wrote: »

Anyone know an email address for sending a SAR to ES Parking Enforcement Limited

dataprotection@espel.uk

Computersaysno

I think you'll find that the DVLA will simply ignore these requests.


Or they will say they have 'reviewed' them and then released it anyway.

beamerguy

Computersaysno wrote: »

I think you'll find that the DVLA will simply ignore these requests.


Or they will say they have 'reviewed' them and then released it anyway.

DVLA ignore GDPR ????

That would make a big splash over the media.

"One government agency ignore another agency"

How would Elizabeth Denham, the Information Commissioner
explain that one away

It's either GDPR or it's not

allcomplainsgohere

Coupon-mad wrote: »

Let's allocate June as a month for:

- SARs to all PPCs in every case we reply on, every time, whatever stage! ALWAYS.

and

- Everyone to write or email the DVLA (EVERYONE HERE, NEW AND OLD) telling them that you've read Section 14 of the new DPA "Automated decision-making authorised by law: safeguards" which provides that:-

(a) the DVLA as controller has to notify the data subject, (RK) when they have made a decision to release their data via KADOE.
(b) the RK has a right to request the DVLA to reconsider their decision.

And as the DVLA has stated that it is not making any data decisions by automation only, you want a permanent note attached to your V5 data to say that you do not consent to your data being sold to any private parking company under any circumstances, and now (from 25th May onwards) formally opt out because of previous harassment by the industry and the fact that the DVLA is clearly using automation alone to sell on data with insufficient checks and balances and with NO method to notify data subjects, which fails the applicable law.*

https://forums.moneysavingexpert.com/discussion/comment/74347065#Comment_74347065

https://forums.moneysavingexpert.com/discussion/5817804/late-ntk-unreadable-signage-and-false-pcn

Thanks to Castle and BTailor in the threads above.





* If EVERY POSTER did that in June, it would cause the DVLA a headache even just to respond.

I will link this to the NEWBIES thread...

I have received the reply below from DVLA after sending them the GDPR letter. Basically they are saying that their right to release information is not affected by the GDPR. I am not entirely sure how valid their argument is, since my concern is on automatic release of information


Thank you for your enquiry regarding information held on our DVLA records on the above vehicle.

Firstly, I can assure you that the DVLA takes the protection and security of its data very seriously and has procedures in place to ensure data is disclosed only where it is lawful and fair to do so.

Regulation 27 of the Road Vehicle (Regulations and Licensing) Regulations 2002 provides a legal gateway for the release of information. Therefore, the right to restrict the processing of your data does not apply.

The law allows the DVLA to release information from the vehicle record to third parties who can demonstrate they have reasonable cause to receive it. Disclosure in these circumstances does not breach the Data Protection Act and the Information Commissioner’s Office is fully aware that data held on the DVLA’s records is released in this way.

This situation has not changed with the implementation of the General Data Protection Regulation which came into effect in May 2018.

I am unable to freeze the vehicle record as you request.

You have the right to complain to the Information Commissioner’s Office if you believe that the DVLA has not handled your request to exercise your right appropriately. Please write to The Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow SK9 5AF.

I realise you will be disappointed with my reply, however I regret I am unable to assist you on this occasion.

Mrs Kathryn Jenkins

AO DVRE 2 D9
DVLA
Swansea
SA99 1AJ