DVLA Privacy Policy

Legacy_user · 24 May 2018 at 9:53AM

Do they actually mean this

You have the right not to be subject to decisions which have a legal or significant effect based solely on ‘automated processing’. This includes:

* automatic individual decision-making (a decision is made solely by automated means without any human involvement)

* profiling (personal data is processed automatically to evaluate certain things about an individual); profiling can be part of an automated decision-making process

https://www.gov.uk/government/publications/dvla-privacy-policy/dvla-privacy-policy

Castle · 24 May 2018 at 10:41AM

Here's what Article 22 of GDPR says:-
https://gdpr-info.eu/art-22-gdpr/

(It would be interesting to see what exception DVLA use; 2(b) or 2(c), or maybe both!)

Coupon-mad · 26 May 2018 at 12:12AM

This needs thinking about over the weekend, when not out enjoying the sun!

Castle · 30 May 2018 at 8:03PM

Coupon-mad wrote: »

This needs thinking about over the weekend, when not out enjoying the sun!

Section 14 of the new DPA "Automated decision-making authorised by law: safeguards" needs thinking about as it would suggest that:-
(a) the DVLA as controller has to notify the data subject, (RK) when they have made a decision to release their data via KADOE.
(b) the RK has a right to request the DVLA to reconsider their decision.

Coupon-mad · 30 May 2018 at 11:57PM

Needs some study but I have no time this week, family commitments!

abedegno · 4 June 2018 at 6:20AM

Thet restrictions on automated processing seem quite interesting.

“The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.”
[Article 22(1)]

One could argue that issuance of a PPN and activity around it is a legal effect.

The legislation further says:

You can only carry out solely automated decision-making with legal or similarly significant effects if the decision is:

necessary for entering into or performance of a contract between an organisation and the individual;
authorised by law (for example, for the purposes of fraud or tax evasion); or
based on the individual’s explicit consent.

Point 3 is discounted, consent is not given and is not listed as a lawful basis for processing in a number of the PPC updated Privacy Notices - Excel/VCS go as far in their Privacy Notice as explicitly stating they do not rely on consent.

On point 1, the performance of the contract would be with the driver and not Registered Keeper.

This leaves point 2, does the introduction of POFA2012 count as authorisation by law.

DVLA Privacy Policy

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