DVLA and GDPR how can they have a right to pass on our data?

beamerguy

ncg wrote: »

Hi All.
Just wanted to open a thread about this as it seems to me there is a very significant point her that needs to be escalated, perhaps to the court or the politicians.

GDPR - General Data Protection Regulation - Regulation of course means its a LAW!

That being the case it is illegal to pass on your data to third parties. I really don't know what the loop holes there may be within this for organisations like the Police, Courts etc. However I would presume that it is intended that it is certainly not acceptable or legal for anyone to pass your data on to another party especially when that other party is a private company, such as a parking company trying to enforce a fine against your vehicle registration does not seem like a genuine reason to pass on data legally. For the DVLA to sell that data is surely a GDPR scandal. Anyone have any knowledge of this and what if anything is being done about it to stop it happening?

This is all old stuff.

The government allows any parking company who belongs
to an ATA (Accredited Trade Association), to obtain data
from the DVLA. WRONG of course

It's all to do with POFA2012 which the BPA, a ATA, who
fooled a non interested government at the time.

Hopefully this will soon help
https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

Guys_Dad

Great discussion for the pub but a waste of time in the real world here.

buglawton

bargepole wrote: »

We already do make that choice.

When you register your vehicle with the DVLA, there is small print on the V5 form which says that you agree to them sharing your data for lawful purposes.

My vehicles were registered before GDPR was a twinkle in a Eurocrats eye.
With GDPR in 2018 all people whose information is held have to be re-informed about what information is being shared and consent re-obtained. Hence all the 'spam' we've all had from organisations where we've got online accounts. I'm just not sure why official organisations believe themselves to be exempt.

System

I'm just not sure why official organisations believe themselves to be exempt.

They are not. They just have to follow statute law and the law allows them to provide the information based on "reasonable cause" as set out in Reg 27(e)

There is a lot of difference between what you think the law is and what it actually is. If you feel the law is being misinterpreted you can challenge the DVLA as Mr Duff did. The cost is upwards of £40K so knock yourself out.

By the way "reasonable cause" is not defined anywhere as it is a "legal device" for society's view at any period of time. So you could pay up, get it defined and the next day it will be different.

The_Deep

Parking in a privately owned car park = NOT Reasonable cause

If you park and do not pay, if you pay less than you should, if you park in a in reserved space, if you park in a BB space, if you obstruct others, IT IS.

You have not thought this through.

buglawton

IamEmanresu wrote: »

They are not. They just have to follow statute law and the law allows them to provide the information based on "reasonable cause" as set out in Reg 27(e)

There is a lot of difference between what you think the law is and what it actually is. If you feel the law is being misinterpreted you can challenge the DVLA as Mr Duff did. The cost is upwards of £40K so knock yourself out.

By the way "reasonable cause" is not defined anywhere as it is a "legal device" for society's view at any period of time. So you could pay up, get it defined and the next day it will be different.

The DVLA has ignored that it needed to remind all it's 'customers' what info it holds and why. That's a fact.

And I can guarantee that a GDPR pressure group will one day be at that court with the DVLA to establish what 'reasonable cause' is.

Johno100

buglawton wrote: »

The DVLA has ignored that it needed to remind all it's 'customers' what info it holds and why. That's a fact.

Has any other government department or local council(s) written to you along those lines? I've had nothing, I wonder why.

buglawton wrote: »

And I can guarantee that a GDPR pressure group will one day be at that court with the DVLA to establish what 'reasonable cause' is.

Do let us know when that happens, I'm sure we'll all follow the proceedings avidly on here.

KeithP

buglawton wrote: »

That's a fact.

And I can guarantee...

Facts and guarantees, that's what I like to see.

Are you a politician?

System

Just as an aside if the DVLA were to rename itself in line with what it actually does it would be called the Vehicle & Driver Registration and Fee Collector. They are a Registrar in the same way as there is a Land Registry. Details of the home you might own and who has a charge on it and the name of the mortgage company are all there if you pay a fee.

No one appears to complain about that so why is parking/driving different from owning a house?

Coupon-mad

Did you miss this thread?

https://forums.moneysavingexpert.com/discussion/5849784/june-2018-start-of-the-new-ppc-and-dvla-fightback-gdpr-related

I suggest the threads are merged as this has all been covered since May already.

@Crabman (ever helpful MS board guide/contact) - as I am the thread starter of the linked thread, I ask that this thread gets tacked there so it's all together.

The discussion can continue but please only after reading what's already been said and done since GDPR.

thanks!