DVLA in legal breach - today's Guardian

ampersand

Apologies if this has already been posted.
From today's Graun, useful:

https://www.theguardian.com/money/2022/jun/25/parking-fines-dvla-law-drivers-details-claims

Fruitcake

What a dreadful article. It's not driver details that have been sold for the wrong reason, it's keeper details, and they have used the F word.

There is a thread about this already, but it's dropped down the forum.

The main point of the ICO's decision is that whilst the DVLA had permission to sell data, it is not an obligation. It is not a requirement.

Mouse007

Fruitcake said:

The main point of the ICO's decision is that whilst the DVLA had permission to sell data, it is not an obligation. It is not a requirement.

A permission which should only be exercised in the public interest - that does not include selling data to rogue parking companies

The_Slithy_Tove

Fruitcake said:

What a dreadful article. It's not driver details that have been sold for the wrong reason, it's keeper details, and they have used the F word.

I picked those up, too. So what if the DVLA holds 49m driver records? Completely irrelevant.

I also noticed the complaint was around releasing keeper details to PPC for trespass events. We often argue trespass rather than a breach of contract on these forums. The PPCs know this is a dodgy area, and make their signage and subsequent correspondence deliberately confusing to muddy the waters. But they should know better. And therefore they should know when it's a trespass event and not ask DVLA for details (yeah, right).

But could it be a line of attack when they are clearly pursuing what is an alleged trespass, and threaten them with DPA breach, as they have no right to ask for keeper details in such a case?

Coupon-mad

They do because the KADOE covers both trespass and contract.

Fruitcake

The important thing though, as mentioned by Mouse007 above, that selling a keeper's data must be in the public interest.

I would suggest that selling keeper data where the keeper's vehicle was parking in their owned demised space, whether owned or leased, is not in the public interest, and is therefore a breach of the GDPR.
In this instance, and in several others I can think of as well, the keeper should complain to the DVLA, then the ICO, that there was no reasonable cause in the public's interest to sell the keeper's data.

Half_way

Fruitcake said:

The important thing though, as mentioned by Mouse007 above, that selling a keeper's data must be in the public interest.

I would suggest that selling keeper data where the keeper's vehicle was parking in their owned demised space, whether owned or leased, is not in the public interest, and is therefore a breach of the GDPR.
In this instance, and in several others I can think of as well, the keeper should complain to the DVLA, then the ICO, that there was no reasonable cause in the public's interest to sell the keeper's data.

Not to mention double dips, where flawed and inaccurate processes and systems, produce bad data that is relied upon to pursue motorists.

The last time I did a GDPR training session, ensuring accuracy of data was quite high on the agenda.

patient_dream

As said, the DVLA must have reasonable cause to provide Data ?

BUT THEY DON'T DO THEY ..... HOW CAN AN AUTOMATIC system used by the PPC's prove reasonable cause ? How does this automatic system know this ? How does this supplier of data ad-lib know if pictures have been doctored, signs are not suitable or visible ? THEY DON'T ?

The courts who dismiss cases prove there was a data breach.  The dodgy legals who discontinue on a whim, prove there was a data breach

The DVLA are releasing personal data not knowing if the request is true or false and that is a serious data breach

As an example, a lady I know dated a guy a few times and finished with him. He did not know where she lived so he requested her data by saying she had crashed into his car which was a complete lie. One day the guy came to her address,  ?  At no time did the DVLA question her, they just accepted the request for data.

The simple fact is that the DVLA accept lies and fabrications

The DVLA is more flawed than a jet plane with no engines

Millions have suffered a data breach by the DVLA and clearly they live in the same coven as the ICO

[Deleted User]

patient_dream said:

As said, the DVLA must have reasonable cause to provide Data ?

BUT THEY DON'T DO THEY ..... HOW CAN AN AUTOMATIC system used by the PPC's prove reasonable cause ? How does this automatic system know this ? How does this supplier of data ad-lib know if pictures have been doctored, signs are not suitable or visible ? THEY DON'T ?

The courts who dismiss cases prove there was a data breach.  The dodgy legals who discontinue on a whim, prove there was a data breach

The DVLA are releasing personal data not knowing if the request is true or false and that is a serious data breach

As an example, a lady I know dated a guy a few times and finished with him. He did not know where she lived so he requested her data by saying she had crashed into his car which was a complete lie. One day the guy came to her address,  ?  At no time did the DVLA question her, they just accepted the request for data.

The simple fact is that the DVLA accept lies and fabrications

The DVLA is more flawed than a jet plane with no engines

Millions have suffered a data breach by the DVLA and clearly they live in the same coven as the ICO

The only way this will stop is if people take action against the DVLA and recover significant compensation. £750 + costs is usual got simple disclosure, but I'd suggest it's much more serious when it results in legal action against the victim that they are then forced to defend.

Coupon-mad

I wonder what POPLA and the IAS would make of including in a registered keeper's appeal, a paragraph that their data was obtained from the DVLA under the wrong lawful basis (evidence - ICO email) and as such, the data is unusable and cannot be shared or further processed.

moto50

[Deleted User] said:

patient_dream said:

As said, the DVLA must have reasonable cause to provide Data ?

BUT THEY DON'T DO THEY ..... HOW CAN AN AUTOMATIC system used by the PPC's prove reasonable cause ? How does this automatic system know this ? How does this supplier of data ad-lib know if pictures have been doctored, signs are not suitable or visible ? THEY DON'T ?

The courts who dismiss cases prove there was a data breach.  The dodgy legals who discontinue on a whim, prove there was a data breach

The DVLA are releasing personal data not knowing if the request is true or false and that is a serious data breach

As an example, a lady I know dated a guy a few times and finished with him. He did not know where she lived so he requested her data by saying she had crashed into his car which was a complete lie. One day the guy came to her address,  ?  At no time did the DVLA question her, they just accepted the request for data.

The simple fact is that the DVLA accept lies and fabrications

The DVLA is more flawed than a jet plane with no engines

Millions have suffered a data breach by the DVLA and clearly they live in the same coven as the ICO

The only way this will stop is if people take action against the DVLA and recover significant compensation. £750 + costs is usual got simple disclosure, but I'd suggest it's much more serious when it results in legal action against the victim that they are then forced to defend.

This is something I want to look into, I have had numerous cases over the years which I was thinking was down to me doing something wrong. The system blames you all the time as not doing X,Y or Z right. when I have checked, it has been done right - but they refuse to rectify anything. I have been fighting for 3 years plus to get a V5 for one car, I have been racially abused, accused of being a weirdo due to my breathing on the phone (pre-cancer throat condition)  - anything to detract from them making a mistake and just putting it right. All I hear is 'We are Infallible' and it has dragged me down so much over the years.

I could never work out why one time I can fill in new keeper online, it goes through and V5 in a week - and the next i'm fighting for years, paying numerous times and still not able to get a V5. Or have a vehicle I sold years ago, still in my name even after showing proof of new keeper as I had copied the V5. They had gotten fines, I had complained to DVLA abut the records, and still unchanged despite the complaints. Our details, though incorrect are being sold on to numerous debt collectors by Newport council - even though they are aware they are incorrect, and have accepted they are incorrect. The collectors are chasing us, but won't talk to us as our details don't match the records - as they are incorrect. Its a convoluted mess and a headache that starts with DVLA and their poor record keeping.

I think it is time to hold them to account. I did recently start a faceache face to Reform the DVLA . Just to gather stories, and give people a voice. I have spoken to lots of people that have had processing issues from everything from driving licences to vehicle registration and nothing gets resolved. It has to change.