DVLA MISUSE OF PERSONAL DATA UNDER GDPR - GROUP ACTION - NO WIN, NO FEE

Coupon-mad

Ed2000 said:

I have not spoken to them, I shall be looking out for the basis on which they say people can make a claim.  I suspect they are seeing things from a different angle to me.  

https://ico.org.uk/media/about-the-ico/disclosure-log/2617567/irq0878026-attachment.pdf

Ed, I think you could have a productive discussion with @bargepole about this as he is in touch with these solicitors and we know how much work you have been doing to rattle the DVLA and ICO cages.

Respect.

You are missed in off forum chats we used to have in another group, which has been culled of the dead wood, if that used to be an issue for you.

Ed2000

here is DVLA reply to ICO letter. At this point, friendly chat ended. Since then ICO has done nothing but pressure is building on them. 

milkybk

I will be contacting them tomorrow about mine. Thank you @Coupon-mad

Their website does say it needs to be in the last 2 years but will try anyway!

patient_dream

milkybk said:

I will be contacting them tomorrow about mine. Thank you @Coupon-mad

Their website does say it needs to be in the last 2 years but will try anyway!

The letters above from the DVLA really do show they are in bed wih the BPA.

Here we have a goverment agency working with an outfit called the BPA who have more scammers as members than any other company in the UK.

Let's face it, the letters above signed by Robert Toft is the biggest load of rubbish since a guy pronounced that the earth was flat ??

Ed2000

How can the DVLA know if there is reasonable cause without checking each electronic request? 



(1) The Secretary of State may make any particulars contained in the register available for use--

(e) by any person who can show to the satisfaction of the Secretary of State that he has reasona-

ble cause for wanting the particulars to be made available to him.

The answer to the request is predetermined. This is a form of bias see R v. Secretary of State ex p. Kirkstall Valley Campaign

Sedley J. observed that “the surrender by a decision-making body of its judgment” i.e. predetermination 

DVLA thinks that when KADOE is signed there is no duty to check for reasonable cause. Time will tell. But my QC friend agrees with me. 

Coupon-mad

Happy to hear that, Ed.

I hope Keller Lenkner's QC knows this too.  The way the DVLA have handled data alarms me immensely and I've told them so.  

Voyeurmse

milkybk said:

I will be contacting them tomorrow about mine. Thank you @Coupon-mad

Their website does say it needs to be in the last 2 years but will try anyway!

Their website states since 2016.  @C@Coupon-mad

Ed2000

Coupon-mad said:

Happy to hear that, Ed.

I hope Keller Lenkner's QC knows this too.  The way the DVLA have handled data alarms me immensely and I've told them so.  

They check for 'reasonable cause' every paper request for data under 27.1.e (using DVLA form V888, usually), they claim that once KADOE is signed then there is no longer a duty to check for reasonable cause. They think that they can 'contract out' of a statutory duty. There is no legal authority to support this claim. If the DVLA has released 5 million data sets a year to PPCs and others (petrol stations etc.) without checking for reasonable cause then there might be as many as 25 millions breaches. If each claim for breach of DPA98/DPA18 is worth, say, £100 each, then the total bill is about £2.5 billion. I suspect that this is why the ICO is moving slowly. 

I note that moving traffic contraventions in Gtr London are not covered by TMA 2004 so these must be checked for reasonable cause, too. Oh Dear.

I need to consider PCNs for tolls for bridges etc. Dart Charge is Highways England, part of Dept for Transport. I still think that these come under 27.1.e. so much check for reasonable cause? 

27 Disclosure of registration and licensing particulars

(1) The Secretary of State may make any particulars contained in the register available for use--

(a)

(i) by a local authority for any purpose connected with the investigation of an offence,

(ii) by a local authority in Scotland, for any purpose connected with the investigation of a de-

criminalised parking contravention, or

(iii) by a local authority in England and Wales, for any purpose connected with its activities as an

enforcement authority within the meaning of Part 6 of the Traffic Management Act 2004;

 

Does DVLA need to check for reasonable cause before passing details to HE for Dart Charge? It is all Dept for Trans.

(e) by any person who can show to the satisfaction of the Secretary of State that he has reasona-

ble cause for wanting the particulars to be made available to him.

If I am correct, that total bill could be over 3 billion, so Gov would need to pass Act of Parliament to protect DVLA from claims. 

patient_dream

Ed2000 said:

Coupon-mad said:

Happy to hear that, Ed.

I hope Keller Lenkner's QC knows this too.  The way the DVLA have handled data alarms me immensely and I've told them so.  

If I am correct, that total bill could be over 3 billion, so Gov would need to pass Act of Parliament to protect DVLA from claims. 

A very interesting post Ed, thank you.

If they did pass Act of Parliament, I would imagine it will be far quicker than their tortoise like approah to the new code of practice

milkybk

They rang today and have accepted my application as part of the "no win no fee" claim.

Let's get them, finally an actual firm willing to stand up to the DVLA bull****.