IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

Article 13 GDPR (Data Protection Act 2018)

Options
steve1500
steve1500 Posts: 1,438 Forumite
First Anniversary Combo Breaker First Post
As well as the contractual side, their signage is what they are reliant on for currently obtaining the keeper details from the DVLA. It is known as the Fair Processing Notice / Privacy Policy

This Friday GDPR comes into force Most of you will have received emails or letters about it.

As far as our friends at the PPC's are concerned this is going to give them a right royal & expensive headache.

Their current signage clearly will not meet GDPR.

Article 13 requires them to provide you with the following information

http://www.privacy-regulation.eu/en/article-13-information-to-be-provided-where-personal-data-are-collected-from-the-data-subject-GDPR.htm

For clarity the Data Controller is the PPC & the Data subject is you and me

1. Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information:

(a) the identity and the contact details of the controller and, where applicable, of the controller's representative;

(b) the contact details of the data protection officer, where applicable;

(c) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;

(d) where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party;

(e) the recipients or categories of recipients of the personal data, if any;

(f) where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available.


2. In addition to the information referred to in paragraph 1, the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing:

(a) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;

(b) the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability;

(c) where the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;

(d) the right to lodge a complaint with a supervisory authority;

(e) whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data;

(f) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

3. Where the controller intends to further process the personal data for a purpose other than that for which the personal data were collected, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2.
Private Parking Tickets - Make sure you put your Subject Access Request in after 25th May 2018 - It's free & ask for everything, don't forget the DVLA :D
«13456715

Comments

  • Browntoa
    Browntoa Posts: 49,300 Forumite
    Name Dropper Photogenic First Post First Anniversary
    Options
    You need to edit the post , because it's cut and paste it's brought over half the HTML
    Ex forum ambassador

    Long term forum member
  • Castle
    Castle Posts: 4,196 Forumite
    First Anniversary Name Dropper First Post
    Options
    steve1500 wrote: »

    For clarity the Data Controller is the PPC & the Data subject is you and me
    The data subject is the RK; and if they are not driving, then Article 14 is applicable.
  • steve1500
    steve1500 Posts: 1,438 Forumite
    First Anniversary Combo Breaker First Post
    edited 21 May 2018 at 4:50PM
    Options
    Browntoa wrote: »
    You need to edit the post , because it's cut and paste it's brought over half the HTML


    Think I was doing it at the time you posted

    Agree with Article 14 if not the RK, but would reveal the driver?

    Obviously doesn't matter, if they haven't sent you an invoice
    Private Parking Tickets - Make sure you put your Subject Access Request in after 25th May 2018 - It's free & ask for everything, don't forget the DVLA :D
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    Options
    I think that GDPR is open to interpretation and the only
    way we can test it is to test the PPC's on it and
    see what they come back with
  • abedegno
    abedegno Posts: 177 Forumite
    First Anniversary First Post Combo Breaker
    Options
    To be compliant I would expect the PPC would need to provide a privacy notice along with their NTK.
  • abedegno
    abedegno Posts: 177 Forumite
    First Anniversary First Post Combo Breaker
    Options
    The interesting thing for me, is which lawful basis will the PPC use for processing the data they receive from the DVLA - I would expect Legitimate Interest.
  • Castle
    Castle Posts: 4,196 Forumite
    First Anniversary Name Dropper First Post
    Options
    abedegno wrote: »
    To be compliant I would expect the PPC would need to provide a privacy notice along with their NTK.
    If they are using ANPR then the privacy notice applies to every vehicle which enters the car park; not just those who receive a NTK.
  • markrg1965
    markrg1965 Posts: 32 Forumite
    First Anniversary First Post
    Options
    many thanks for that, was wondering about the implications myself
  • abedegno
    abedegno Posts: 177 Forumite
    First Anniversary First Post Combo Breaker
    Options
    Castle wrote: »
    If they are using ANPR then the privacy notice applies to every vehicle which enters the car park; not just those who receive a NTK.

    Yes, I didn't consider that - I was thinking only about where data was requested from DVLA.
  • Computersaysno
    Computersaysno Posts: 1,222 Forumite
    First Anniversary Combo Breaker First Post
    Options
    Castle wrote: »
    If they are using ANPR then the privacy notice applies to every vehicle which enters the car park; not just those who receive a NTK.





    I don't think it does. Your car registration is not personal data.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards