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

Half_way

The Electoral role ties a person to a ( almost always) static fixed address but thats about it, pretty much as the phone book does/did and also adds a phone number to the mix.

The DVLA database adds into that data for the registered keeper of a vehicle, and vehicles by their nature are mobile.

 As soon as you add a dynamic element into the fixed address data then the usefulness of that data goes up the scale by several layers, as does the opportunity to mis-use that data

95Rollers

I have signed up - its not about the money - but a matter of principal.

I have serious concerns about the overall lack of accountability and safeguarding practises from the DVLA and the BPA/ IPC regarding the sale and release of our personal data and the reasons to it.  It is SIMPLY NOT GOOD ENOUGH!

I recognise there is a need for parking management/ enforcement - BUT it has to be proportionate.  A simple case of  "JUST CAUSE" and "Because we so" or "We are BPA members" is not acceptable.  Somebody who overstays by minutes is not proportionate than say somebody who repeatedly abuses and refuses to pay.

BUT there is nobody Veto'ing the reasons - there is no gatekeeping into this collateral intrusion of motorists identities.  The BPA/ IPC are UNFIT for purpose as are the DVLA.

Our details are being released to companies owned by convicted and dangerous criminals (i.e Peter Del Grosso who is a convicted thug who racially abused a non-white male and threatened to rape his wife! plus One Parking Solution directors were convicted of dishonesty offence, Walton Wilkons of PPL is a convicted thug, Doug Harris of OPC - fraud etc etc) - but its okay because they are BPA/IPC members!  The DVLA need to GET REAL!   

A dangerously inept unfit and outdated organisation who needs disbanding or reforming because they are useless!  Its all about sales with them and little or no thought to how they get these.  There needs to be measures around this and reasons need to be approved or denied based on the justification of the collateral intrusion.  The POLICE have to go go through more hoops if they want to obtain details - whereas criminals only have to pay £2.50!

So I will be following this patiently as it runs much deeper.

Umkomaas

Great post 👆

Why not simply copy and paste the gist of it, top and tail it and send it to your MP?

Have you contributed to the current MHCLG consultation, I'm sure you'd have rapier-like points to make in that - many from your post above, would be brilliant if you could make input. It closes at midday this coming Friday (27/8). 

https://www.gov.uk/government/consultations/private-parking-charges-discount-rates-debt-collection-fees-and-appeals-charter-further-technical-consultation

It's vital that knowledgeable people do everything possible to arrest the potential catastrophe waiting to happen now that MHCLG appear to have been sidetracked from the intentions and will of both Houses of Parliament expressed in the Parking (Code of Practice) Act 2019. 

95Rollers

Absolutely will do this Umkomaas.

I'm dumbfounded that The DVLA stilltakes the BPA/IPC word as gospel - yet there is very little regulation from BPA/ IPC on their members or they are just extremely unfussy about who they partner with.  This is why have little to nil respect for their industry.

The problem is there are vast abuses of process and power.  If the Police want details from the DVLA database they actually have to provide a heck of a lot more justification (and rightly so) and there is usually valid reasons (i.e crime investigation or RTA legislation matters) so why are PPCs under less scrutiny?!? Why are they not being made to fill out lengthy reports to which should then be vetoed by a legally qualified GDRP/ DPA gatekeeper? 

Is it because they are in a club like the BPA - what do the BPA do to regulate their members? What are the stipulations to safeguard motorists? Why aren't the DVLA owning this?!?  Its very very concerning that we live in the country where our data is being sold without real justifcation or scrutiny! 

Where does the balance against Human Rights Act against their generic "reasonable cause" come into it?!?  Who says it is "Reasonable" - what is the definition or reasonable - who is the "reasonable person" who tests each application and where is the "Public Interest" test!?!?  Thats my biggest bug bear. 

Its only since being taken to court over an 8 minute alleged overstay that I've started to dig deep and investigate the world and private parking and it is frankly shocking and persons who Ive reported back to are in utter disbelief!

patient_dream

Brilliant post 95Rollers

You have made clear what we all think and know.

I would sign up to this but I have not had a parking ticket for years

If you have a parking ticket within the period stated then DO IT, it won't cost you a penny and even though the company will take a percentage of the win, it's money you would not have acheived yourself

Coupon-mad

I have concerns about the DVLA's data practices as well.

I think the fact that people send off their driving licence relying on 'telling the DVLA my new address' and then the DVLA only change the driving licence, and make no checks to see if that same data subject has a V5C, breaches GDPR.

Also, this week I got an FOI back from the DVLA, admitting that they sold eight keeper data records to Wing Parking after they left the BPA on 31.10.20, because they "didn't know" that Wing had left until the end of January 2021. Well, I know that's true because I already knew that the BPA forgot to tell the DVLA. 

But whose responsibility was it, after all these years of the DVLA happily selling data to PPCs based on merely "being an AOS member", to come up with a system for when PPCs leave an AOS, rather than relying on your mates phoning you up to tell you, ad hoc? 

IMHO, data handling/rectification fault squarely lies with the data controller, the DVLA.

Oh, and Robert Toft of the DVLA wouldn't confirm or deny in the FOI whether they'd also leaked keeper data to CMS (another firm whose AOS membership was suspended and yet they got data, according to a pepipoo thread) because there is an 'ongoing investigation'.  Interesting.

The FOI has been sent to these Group Action solicitors as it might prove useful if they are seeking to show a pattern of data protection failure since GDPR.

daveyjp

This and Covid response has shown the DVLA is simply not fit for purpose.

It would be ironic if the selling of data to PPCs results in a huge reorganisation, which from history of other civil service reorganisations, can mean relocation of complete departments as a way of clearing out poor staff.

Half_way

People have had responses form the British Parking Association limited stating that they are not a regulator and as such do not and will not regulate their members.

Likewise there have been moans that the British parking association limited  are not "fit for purpose"

The core purpose of a trade association is to protect its members and to further their aims.

the members of the British parking association aim to increase profits form the issuing of parking charge notices, and they do not care how this is achieved, or by who, such as this as mentioned previously, by 95 rolloers

Our details are being released to companies owned by convicted and dangerous criminals (i.e Peter Del Grosso who is a convicted thug who racially abused a non-white male and threatened to rape his wife! plus One Parking Solution directors were convicted of dishonesty offence, Walton Wilkons of PPL is a convicted thug, Doug Harris of OPC - fraud etc etc) - but its okay because they are BPA/IPC members!  The DVLA need to GET REAL!  

I know that a single point of data on its own isnt all that valuable - things such as the phone book ( phone directories) electoral role etc will just let you know that person X lives at address Y

 Personal address data only has a real value that can be open to abuse when its combined with other factors, and judging by the characters in the parking industry the scope for abuse here is high, as is the chances of this data being used for nefarious purposes

I have been involved in some organisations wherein order to gain access to, process and store personal details I have had to have undergone a police background check, known as an enhanced CRB or DBS check 

Also part of that involvement has also involved a few death by power point courses on GDPR , one of the things thats common amongst these has been a hammering home of personal liability. That is you, as a data controller could be held personally liable for a data breach, not the company or organisation you work for, or the committee you are on, or the club you volunteer with, you personally can be held liable

It would be satisfying to see a few heads roll over this, people such as those who work for the supermarkets, motorway service areas, pub chains, fast food franchises, etc- who signed the deals with the PPCs  to face up to their responsibilities and likewise for whatever individuals at the DVLA who allow this to also come under intense scrutiny.

 

If it does end in a PPI type scandal, but with PPCs instead then any mass compensation should  be funded from the large companies and corporations that allowed PPCs to operate on their land

95Rollers

The DVLA have a lot to answer for and are failing miserably! As Half_way said the BPA is just an ATA which is there to help its members collective gain - which is to get more money.

Nobody is regulating the PPCs or scrutinising their reasons (or plans of action) for the release of our details - they'll sell them freely because someone is in an ATA which is utterly unacceptable!  Even am idiot van see hoe this can be  abused!!!  Who polices the ATA or investigates and disciplines its members!?!  Its been found that PPCs have abused their positions by ignoring grace periods, acting predatory with poor signs, use of threatening methods, doctoring images, ignoring evidence (Double Dips), withholding CCTV, Ghost Ticketing etc.  But ask no questions they'll tell no lies and its an easy £2.50 for DVLA bosses on incentivised bonuses instead of working for us and protecting its member's (license holders) interests and privacy!   We pay the DVLA with road tax and license renewal fees - but have zero sat or control to whom they divulge out information to!!! Corrupt as hell. 

Where is the balance between the needs of the PPCs and Human Rights (Respect for privacy/ The right to a fair trial and no punishment without law)!?!?   If it is a police investigation then all that has to evidence and that is for serious criminal matters - not for somebody overstaying in retail park for 5 mins because they didn't see a sign, the ticket fell or a contract was frustrated!).  If somebody was a serial abuser of parking in a residents bay, disabled spots, blocoking access etc which could be evidenced then fair enough - but it never is, never is!!! Because they just give it away for pittance and without a second thought of our rights or abuse of process down the line!

There is little to no thought, consideration, justification whether the requests for said information is Legal, Proportionate, Accountable or Necessary - which would have to be justified if it was the Police, HM Prisons, Customs,  MI5, NCA etc or other investigative bodies (and rightly so) who actually deal with more the investigation and enforcement of way more trifling matters (in the eyes of the public)  than Mrs Bloggs doing a U-turn at round the back of Iceland in the middle of the night!?!

I hope this company takes the DVLA them to task and we deserve respect, privacy and accountability! DVLA = joke!

patient_dream

I think what Coupon-mad says above rather proves what we have known for a long time, that the BPA are incompetent ?

How the BPA have lasted this long is a mystery ?  Simply not fit for purpose in 2021