Private Parking Company GDPR & Planning Compliance

steve1500

DragonCart wrote: »

I'm turning my attention at the moment to their compliance with GDPR, namely whether or not their Data Protection Officer has 'experience and expert knowledge of data protection law' as the ICO request. Given that a private parking company are taking images, acessing addresses and personal information from the DVLA, one would expect that they're well qualified! Does anybody know whether you can request information on the qualifications and competence of a Data Protection Officer, and do companies have to show their compliance to the ICO by proving the individual has experience and expert knowledge or can they just name the teaboy and get away with it?

I wouldn't even bother going down the DPO route. It is even questionable if they actually need one.

You have no rights regarding the qualifications of the DPO.

Compliance with Article 13 of GDPR, is a completely different matter.

I don't think I have yet to see any signage that complies with Article 13.

If they are not complying with Atrticle13, then they should not be getting the info from the DVLA

DragonCart

Thanks both.


I've had confirmation from the Council that no application was made nor permission granted for either the ANPR cameras nor the non-compliant signage. I've made an enquiry to the Council as to whether this constitutes a breach of Regulation 30 of the Town and Country Planning (Control of Advertisements)(England) Regulations 2007 (as amended), and if so, whether the signs are then illegal.


I'm not sure whether the signage requires approval and planning permission to become 'legal', and whether this has implications for whether you can 'enter into a contract' with an illegally placed sign! I've seen various comments here and elsewhere about this, and there doesn't seem to be a clear and concise answer, so I felt there was no harm in raising it with the Council.


I will be making a complaint to the DVLA and ICO based on your comments Steve, and once I get everything cleared up I'll potentially raise it with the local paper depending on the outcomes from the Council, ICO etc.

Umkomaas

I'm not sure whether the signage requires approval and planning permission to become 'legal', and whether this has implications for whether you can 'enter into a contract' with an illegally placed sign! I've seen various comments here and elsewhere about this, and there doesn't seem to be a clear and concise answer, so I felt there was no harm in raising it with the Council.

Because this isn't the forum for a 'clear and concise answer' about council-related planning permission/advertising consent.

Implications for entering a contract, check out 'Ex turpi causa non oritur actio'. But there's been no one prepared to have their teeth wrapped around the bone for long enough on this in the context of private parking tickets.

DragonCart

Umkomaas wrote: »

Because this isn't the forum for a 'clear and concise answer' about council-related planning permission/advertising consent.

I do appreciate that Umkomaas, and it wasn't a dig or complaint about it. This route wouldn't have ever occurred to me had I not stumbled across somebody on a thread here having mentioned it, so I'm just grateful that the knowledge base here is such that so many different routes are explored to challenge these mountebanks!



I'll look into the other point you raise though and see what the Council come back to me with with regard to the (il)legality of the signage and what DVLA say about selling personal data to companies whose signs and cameras have no permission to be there and whose signs don't comply with the GDPR as Steve mentioned above.