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

1505grandad

As the ABBA song goes:-

"Money, Money, Money, always sunny, in the rich man's world" 

Mouse007

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pinkelephant12 said:

... 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.

The processing of your data can not be for the establishment of a legal claim - there can be no such claim when you are parked in your own space.

The fact that your objection causes them “too many practical difficulties” is not a valid basis for rejection.

If the KADOE requests do not have enough information then how can they have been satisfied that reasonable cause has been shown to release your personal data?

pinkelephant12

Thanks for the advice @Mouse007.  I will follow this up with the DVLA as per your suggestions and any others that come in over the weekend.

In case anyone else wants to pursue their own attempts at objecting to their details being passed to a PPC, the email address they gave me is DataProtection.Policy@dvla.gov.uk and my letter was from the Data Protection Policy Manager.

The postal address is:

DVLA
Strategy, Policy and Communications Directorate
Longview Road
Morriston
Swansea
SA6 7JL

1505grandad

In a recent email reply from DVLA (stating "At DVLA we have tough safeguards in place to protect the privacy of information held on our records.) rubbish there was also:-

"Guidance on what constitutes reasonable cause is published online at https://www.gov.uk/request-information-from-dvla"   -   (nothing about parking on own land)

There is another link for further info:-

You can download further information on requesting information from DVLA:-

https://www.gov.uk/government/publications/giving-people-information-from-our-vehicle-record

With a link to:-

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/804467/mis546-giving-people-information-from-our-vehicle-record.pdf

Para 22 in link above re ppc's which states:-

"Evidence we need

you to give us

• A copy of the agreement

between the landowner

and the car parking

company"

So how does an "own space" case provide landowner agreement?  This scam is hardly new or a secret so you would have thought DVLA would be well aware that innocent people are being scammed and make suitable data protection safeguards as promised at the start of this post.

fisherjim

I would have though the solution was simple every auto request has in addition to the VRN the postcode of the parking place if the postcode is whitelisted by the DVLA then the request is blocked. But I am no expert.

Mouse007

Pages 25 and 26 of this may be of interest

https://www.whatdotheyknow.com/request/400114/response/976926/attach/2/FOIR6015 MIS546.pdf?cookie_passthrough=1

I will re read, digest and consider before making any comments myself.

Le_Kirk

Mouse007 said:

Pages 25 and 26 of this may be of interest

Hmmm and do we believe the information and evidence is given EVERY time?  You must enclose a cheque or postal order per enquiry.  Are postal orders still a thing?

fisherjim

Mouse007 said:

Pages 25 and 26 of this may be of interest

https://www.whatdotheyknow.com/request/400114/response/976926/attach/2/FOIR6015 MIS546.pdf?cookie_passthrough=1

I will re read, digest and consider before making any comments myself.

Don't forget this:

https://www.whatdotheyknow.com/request/410916/response/994145/attach/2/FOIR6098 Guidance for Private Car Parking Operators INF273 261016.pdf?cookie_passthrough=1

Umkomaas

Mouse007 said:

Pages 25 and 26 of this may be of interest

https://www.whatdotheyknow.com/request/400114/response/976926/attach/2/FOIR6015 MIS546.pdf?cookie_passthrough=1

I will re read, digest and consider before making any comments myself.

A quick skim. Seems to be linked to paper requests for keeper data. The KADOE contract eases the burden to provide the DVLA with the information shown in the table each time a request is made. PPCs are required to have that available to DVLA auditors at audit. Hmmm, I wonder how many physical audits have been undertaken since March 2020? 🤔

Castle

Umkomaas said:

Mouse007 said:

Pages 25 and 26 of this may be of interest

https://www.whatdotheyknow.com/request/400114/response/976926/attach/2/FOIR6015 MIS546.pdf?cookie_passthrough=1

I will re read, digest and consider before making any comments myself.

A quick skim. Seems to be linked to paper requests for keeper data. The KADOE contract eases the burden to provide the DVLA with the information shown in the table each time a request is made. PPCs are required to have that available to DVLA auditors at audit. Hmmm, I wonder how many physical audits have been undertaken since March 2020? 🤔

The so called DVLA audits are worthless anyway, because they don't go to any of the car parks to check the actual physical signs; instead, they rely on photos of the signs provided by the PPC's when they visit their offices.