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For the clever minds on here
beamerguy
Posts: 17,587 Forumite
For the clever minds on here
Probably like me, you are starting to receive letters
or emails from companies you deal with saying that
to receive info from them, you need to OPT-IN
This is about GDPR commencing 25th of May 2018
Whilst I understand that the ATA CoP for the BPA as
an example, states that PPC's can instruct debt
collectors which means passing data to DC's, surely the
new GDPR now overrides this as the public needs to
OPT-IN and agree to receive unsolicited information
Considering the parking industry is unregulated, any
CoP must comply to the law
https://ico.org.uk/for-organisations/business/
Thoughts please ?
Probably like me, you are starting to receive letters
or emails from companies you deal with saying that
to receive info from them, you need to OPT-IN
This is about GDPR commencing 25th of May 2018
Whilst I understand that the ATA CoP for the BPA as
an example, states that PPC's can instruct debt
collectors which means passing data to DC's, surely the
new GDPR now overrides this as the public needs to
OPT-IN and agree to receive unsolicited information
Considering the parking industry is unregulated, any
CoP must comply to the law
https://ico.org.uk/for-organisations/business/
Thoughts please ?
0
Comments
-
1. The opt in methodology is one approach to compliance with the GDPR it is not a strict requirement of the legislation.
2. The GDPR does not prevent debt collection activities but addresses the concept of data held as infinitum with no particular recollection by any party as to how you ended up on a database in the first place.0 -
How GDPR will work for or against PPCs will be an interesting exercise.
While one may think that GDPR allows you to have information about you removed, that may be the case when you voluntarily gave it to an organisation in the first place (e.g. bought something from an online retailer). In PPC cases, where they are chasing you for money, I wouldn't think you can simply say "delete my details". I'm sure experts in GDPR would be able to give chapter and verse in such situations where you unwittingly (by entering a car park) "gave permission" for someone to use the car's registered keeper details.
However, once they have that information, they must adhere to GDPR in its use. If you tell them they have an incorrect address (e.g. you've moved), they MUST use the new address supplied, and they will be in breach if they (conveniently) continue to use the old one. One could argue that once you supply the name and address of the driver, they must remove the keeper's details, as it is no longer required.
If they pass your details to a debt collector, the PPC is still responsible for the correct use of that data, and liable if the debt collector misuses it.
Not sure how things like selling an alleged debt to the likes on MIL works (or doesn't) under GDPR. On the face of it, passing on details without the consent of the data subject would be a no-no. But I guess the selling of debt (in more ethical circumstances than what happens in PPC-land) is still a working concept.0 -
1. The opt in methodology is one approach to compliance with the GDPR it is not a strict requirement of the legislation.
2. The GDPR does not prevent debt collection activities but addresses the concept of data held as infinitum with no particular recollection by any party as to how you ended up on a database in the first place.
I understand what you say but this is not about preventing
debt collectors, it's the passing of information to them from
the PPC if the consumer has not OPT-IN0 -
I forsee that car park signs will have to be rapidly re written to now state that by parking there , they can pass your info onto scum0
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twhitehousescat wrote: »I forsee that car park signs will have to be rapidly re written to now state that by parking there , they can pass your info onto scum
Would that work when GDPR states that OPT-IN must
be agreed...... a sign add-on would not cover that0 -
no dout the parking Cos will amend there NTK with a line that says if you want to appeal then you opt in0
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twhitehousescat wrote: »no dout the parking Cos will amend there NTK with a line that says if you want to appeal then you opt in
Now, that will be fun :rotfl:0 -
sign here or dont do independent appeal , how else can they state there story to bill and ben or muppet and Co0
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twhitehousescat wrote: »sign here or dont do independent appeal , how else can they state there story to bill and ben or muppet and Co
In their dreams0 -
I understand what you say
There is no requirement under the GDPR to have an opt in process. You can process data without having any such process and without falling foul of the regulations.
Many direct marketing companies are adopting a double opt-in to avoid the risks if substantial fines. In practice there may not be huge differences - you contract with a parking company that uses your data in association with its business. The thing is, lots of businesses are interpreting the exact requirements differently.
The correspondence with addresses that are years out of date ought to cease though0
This discussion has been closed.
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