For the clever minds on here

beamerguy · 14 May 2018 at 11:05PM

Johnersh wrote: »

I'm not sure you do

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The correspondence with addresses that are years out of date ought to cease though

OK, I am not trying to argue with you but the first letter
I received was from BMW who stressed that to receive
information etc and third party information, I need to
OPT-IN

Are BMW not interpreting GDPR correctly ??

[Deleted User] · 14 May 2018 at 11:26PM

An over abundance of caution. But also marketing mailshots are prone to being misused or not kept up to speed as well as they might be.

BMW are on a double opt in. I've had a call and an email (lucky me). In contrast, my client database includes an opt out (similar to requirements anyway) but no new opt in.

This isn't unhelpful, if you have the time:
https://www.signupto.com/news/digital-marketing/gdpr-double-opt-in-and-re-consent/

beamerguy · 15 May 2018 at 12:41PM

Johnersh wrote: »

An over abundance of caution. But also marketing mailshots are prone to being misused or not kept up to speed as well as they might be.

BMW are on a double opt in. I've had a call and an email (lucky me). In contrast, my client database includes an opt out (similar to requirements anyway) but no new opt in.

This isn't unhelpful, if you have the time:
https://www.signupto.com/news/digital-marketing/gdpr-double-opt-in-and-re-consent/

Thanks John for that, interesting read

The jigsaw is not really complete and confusing

Collecting information about your
customers !!!8211; small business checklist
Data Protection Act

https://ico.org.uk/media/for-organisations/documents/1584/pn_collecting_information_small_business_checklist.pdf

I can only count PPC's being small businesses

It still appears that they must give a person the choice
of Opting-in or doing nothing which means there is no
agreement to pass on personal information

Of course, we all know that the DVLA are allowed to give
out information currently but surely the General Data Protection Regulation (GDPR) effective 25th May 2018 takes over from any previous data protection act that POFA 2012 relied upon
Who has OPTED-IN with the DVLA

The GDPR is somewhat ambiguous

Loadsofchildren123 · 15 May 2018 at 4:31PM

If a debt collector is acting as the agent of the creditor, does this come under the GDPR? The GDPR surely can't be used to prevent genuine creditors from pursuing genuine debts via third party agents (which these are until the debt is held non-existent/unenforceable)?

Umkomaas · 15 May 2018 at 4:38PM

Loadsofchildren123 wrote: »

If a debt collector is acting as the agent of the creditor, does this come under the GDPR? The GDPR surely can't be used to prevent genuine creditors from pursuing genuine debts via third party agents (which these are until the debt is held non-existent/unenforceable)?

'Genuine' seems to be the operative word. Because until a debt is adjudicated (or agreed) as owed, there can be no 'genuine' creditor - surely?

nosferatu1001 · 15 May 2018 at 6:20PM

They don't rely on consent to get your data in the first place. So suggesting consent is needed to further process it doesn't seem likely.

[Deleted User] · 15 May 2018 at 7:28PM

Nope you're all still focussing on the opting in and out. That's key to marketing perhaps, but really not the focus here.

If I read it correctly, the need to process data for the purposes of law or contract is what the PPC will rely on. See link below at 1(b) and (c).

https://gdpr-info.eu/art-6-gdpr/

Coupon-mad · 15 May 2018 at 8:00PM

I think for a non POFA NTK, the PPCs would rely on 'legitimate interests' in 1(f).

Neither of these (b or c) can apply if non-POFA and the keeper wasn't the driver, so not a party to any contract:

(b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

(c)processing is necessary for compliance with a legal obligation to which the controller is subject;

kryten3000 · 15 May 2018 at 8:06PM

Consent is a red herring if a company has another reason to hold and process your data.

Where it gets interesting is the removal of the £10 for a SAR - so you can demand all the information held about you for free and in addition as others have already mentioned, not correctly updating information when informed of an address change, for example, could result in large fines.

Coupon-mad · 15 May 2018 at 8:21PM

Can someone post the direct link that clarifies that a SAR is free, please?

I want to start making plans for a SAR bomb in EVERY case. What I plan is that every single appellant here, and everyone handling a claim or set aside or debt letters, does a SAR as a matter of course. Day in day out, all the time, to pee them off and take their time, and expose evidence that might help appeals/defences, of course.

The despicable private parking 'industry' deserves this as an ongoing attack by consumers.

What does everyone think about a second string to the SAR bomb bow, would there be grounds to also, always throw a SAR at the principal as well, e.g. Tesco every time we see a Highview PCN, Hospitals every time we see a NHS Trust PCN, etc.

Are there legs in that, or is the data processor the PPC only?

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