ICO Response to DVLA complaint on GDPR compliance (After 4 years wait)

Jenni_D

stationsidecottage said:

Hi.

I was wondering,

With all due respect, your post has no relevance whatsoever to this thread.

@MSE_Laura_F can you split the above into a new thread please, then delete this reply?

Edit: As your and my posts are still here then I guess you must have simply started your own new thread.

MalMonroe

abedegno said:

Hi all,

4 years ago I made a complaint to the ICO regarding the DVLA's refusal to comply with my request to suspend automated decision-making processes in relation to the provision of registered keeper details to private parking companies.  After nearly 4 years, I finally got a response which I enclose for perusal...

Hi, I also have this very same letter in response to my initial letter to them of 1 August 2018. It came on Saturday morning and I was absolutely gutted.

I AM going to respond because it's wrong that DVLA can still do this, with the blessing of the law and also, DVLA are PAID each time they give out our details.

In the past I've had no less than three private parking tickets and I've appealed and they've been quashed. But it takes a great deal of time, effort and anxiety. 

Many people just pay up to avoid any trouble and bother but they shouldn't have to. 

I'm composing my response to Alison as we speak. It's a disgrace. Four years waiting to receive correspondence like that. I really did want to go off to Wilmslow and throw a brick through ICO's windows. I know where they live, my cousin lives nearby!  (That last is a joke . . . maybe.)

Coupon-mad

You all need to send that to the press.

MalMonroe

I also think that all of those who have received that letter and are responding should mention that we are MSE forumites. For no other reason than to inform them that we know we are not alone! Ooooh, my blood is boiling. . . 

Oh, AND she only sent her letter by second class post! After almost four years of procrastinating. 

stationsidecottage

HACKNEY IS REVISING IS PARKING FEES

Whom do I write to at the DVLA to 'opt out' of my data sharing? I specifically included the freeholders acknowledgement that it was wrong to fine me for access to my own land.

Coupon-mad

The DVLA data complaint emails are already in the NEWBIES thread resource, which is at the top of the forum in capitals for everyone to read first.

pinkelephant12

I wrote to DVLA as a result of the 'Opinion' published by the ICO.  I asked the DVLA whether they would accept my objection to processing data in very specific circumstances - my car, in my numbered allocated parking space, with a letter from or on behalf of the landowner confirming that the parking space was not part of the parking scheme, and only for the specific PPC monitoring that car park.

I received a response from DVLA today stating (unsurprisingly) that they would NOT accept my objection on the basis of 'the establishment, exercise or defence of legal claims' as it would cause them too many practical difficulties.  In particular, they wrote that KADOE requests don't usually have enough information about the location and certainly don't identify the exact parking space.  Also, it would be impractical for them to analyse the local arrangements (property rights).  The response came from the Data Protection Policy Manager.

This is clearly an example of prioritising the rights of the PPC over the legitimate rights of a data subject.  It wouldn't be that difficult to require the necessary information to be required in a KADOE request.  Also, in a residential situation, they could easily include a tick box (or equivalent code) stating that the landowner had agreed to the KADOE request in writing.   

Umkomaas

Removing inconvenience for them results in increased inconvenience for you.  How convenient! 

Mouse007

I'd write back and ask in what circumstances would the DVLA need to establish, exercise or defend legal claims? Point out that that this legal basis is for their own action and not those of third parties.

https://gdpr-text.com/read/recital-69/

Recital 69 states “It should be for the controller to demonstrate that its compelling legitimate interest overrides the interests or the fundamental rights and freedoms of the data subject.”

Ask what compelling legitimate interest does DVLA have in providing the data and refusing your request?

Remind the DVLA that the ICO’s own guidance states that the controller must “be able to demonstrate that your legitimate grounds override those of the individual”.

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-object/

I would also suggest their reply is an admission that they do not comply with the condition of Regulation 27 (1) e in that they are not checking the legitimacy of the request.

patient_dream

Mouse007 said:

I would also suggest their reply is an admission that they do not comply with the condition of Regulation 27 (1) e in that they are not checking the legitimacy of the request.

You are right. 

There is a BIG BLACK HOLE in the DVLA which could be filled in if the ICO did not !!!!!! around and did their job ...... which they don't