June 2018 - start of the new PPC and DVLA fightback (GDPR related)

Coupon-mad · 31 May 2018 at 8:17PM

Let's allocate June as a month for:

- SARs to all PPCs in every case we reply on, every time, whatever stage! ALWAYS.

and

- Everyone to write or email the DVLA (EVERYONE HERE, NEW AND OLD) telling them that you've read Section 14 of the new DPA "Automated decision-making authorised by law: safeguards" which provides 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.

And as the DVLA has stated that it is not making any data decisions by automation only, you want a permanent note attached to your V5 data to say that you do not consent to your data being sold to any private parking company under any circumstances, and now (from 25th May onwards) formally opt out because of previous harassment by the industry and the fact that the DVLA is clearly using automation alone to sell on data with insufficient checks and balances and with NO method to notify data subjects, which fails the applicable law.*

https://forums.moneysavingexpert.com/showthread.php?p=74347065#post74347065

https://forums.moneysavingexpert.com/showthread.php?t=5817804

Thanks to Castle and BTailor in the threads above.

* If EVERY POSTER did that in June, it would cause the DVLA a headache even just to respond.

I will link this to the NEWBIES thread...

Coupon-mad · 31 May 2018 at 8:23PM

Need a template SAR here, suggestions please. I haven't written any yet...

Also suggestions on this thread for a standard DVLA template and which email address to use.

AltheHibby · 31 May 2018 at 10:06PM

https://www.itgovernance.co.uk/blog/how-to-write-a-gdpr-compliant-data-subject-access-request-procedure/

Don't know if the example at the link will help you?

When you do come up with your template Me and Mrs Al will send ours to DVLA and keep you updated when we get their responses.

abedegno · 31 May 2018 at 10:21PM

Coupon-mad wrote: »

Need a template SAR here, suggestions please. I haven't written any yet...

Also suggestions on this thread for a standard DVLA template and which email address to use.

I used this:
Dear Sir/Madam:

I am writing to you in your capacity as data protection officer for your company - Company Name. I have reason to believe you hold personal data on myself as a vehicle I own and am the registered keeper for visits car parking sites managed by your company. It should be noted that contrary to article 13 of GDPR legislation no privacy information was provided to myself, the data subject, at the time of collection. I am therefore compelled into making this request for access to personal data pursuant to Article 15 of the General Data Protection Regulation.

The vehicle in question is a Vehicle Model with VRM: VRM.

I have attached the V5 document to prove I am the registered keeper. Should you require further documentation necessary to verify my identity please contact me.

I would like you to be aware at the outset, that I anticipate a reply to my request within one month as required under Article 12, failing which I will be forwarding my inquiry with a letter of complaint to the Information Commissioners Office (ICO).

Please advise as to the following:

Please confirm to me whether or not my personal data is being processed. If it is, please provide me with the categories of personal data you have about me in your files and databases.
1. In particular, please tell me what you know about me in your information systems, whether or not contained in databases, and including e-mail, documents on your networks, or voice or other media that you may store.
2. Additionally, please advise me in which countries my personal data is stored, or accessible from. In case you make use of cloud services to store or process my data, please include the countries in which the servers are located where my data are or were (in the past 12 months) stored.
3. Please provide me with a copy of, or access to, my personal data that you have or are processing.
Please provide me with a detailed accounting of the specific uses and lawful basis that you have made, are making or will be making of my personal data.
Please provide a list of all third parties with whom you have (or may have) shared my personal data.
1. If you cannot identify with certainty the specific third parties to whom you have disclosed my personal data, please provide a list of third parties to whom you may have disclosed my personal data.
2. Please also identify which jurisdictions that you have identified in 1-1 above that these third parties with whom you have or may have shared my personal data, from which these third parties have stored or can access my personal data. Please also provide insight in the legal grounds for transferring my personal data to these jurisdictions. Where you have done so, or are doing so, on the basis of appropriate safeguards, please provide a copy.
3. Additionally, I would like to know what safeguards have been put in place in relation to these third parties that you have identified in relation to the transfer of my personal data.
Please advise how long you store my personal data, and if retention is based upon the category of personal data, please identify how long each category is retained.
If you are additionally collecting personal data about me from any source other than me, please provide me with all information about their source, as referred to in Article 14 of the GDPR.
If you are making automated decisions about me, including profiling, whether or not on the basis of Article 22 of the GDPR, please provide me with information concerning the basis for the logic in making such automated decisions, and the significance and consequences of such processing.

Yours Sincerely,

Name

I've started collecting the relevant data protection email addresses:
ParkingEye: privacy@parkingeye.co.uk
Excel Parking Services: dataprotection@excelparking.co.uk
VCS: dataprotection@vehiclecontrol.co.uk

beamerguy · 1 June 2018 at 11:36AM

I agree .... not only those on this forum and newbies
should OPT-OUT from the DVLA for private parking companies
BUT ....... they should tell all their friends and family to do
the same

This clause is interesting .....

"(b) the RK has a right to request the DVLA to reconsider their decision.

If the DVLA will not reconsider, it can only be assumed that
they then approve of motorists being harassed

How would they answer that ???

markrg1965 · 1 June 2018 at 11:43AM

Sending my letter to DVLA today and have done a SAR to CPM, happy days.

DW190 · 1 June 2018 at 11:48AM

Possibly this could be made a "STICKY" to keep it in view all the time for a while.

beamerguy · 1 June 2018 at 11:56AM

DW190 wrote: »

Possibly this could be made a "STICKY" to keep it in view all the time for a while.

That will be good if MSE allow it

Coupon-mad · 1 June 2018 at 12:13PM

They won't allow any more stickies so I will mention it in the already crowded NEWBIES thread.

Hot_Bring · 1 June 2018 at 12:14PM

My favourite muckers .... G24 :

dataprotection@G24.co.uk

But don't hold your breath .... their email server appears to be down at the moment :rotfl:

And Athena ANPR : dpo@athena-parking.com

Loadsofchildren123 · 1 June 2018 at 12:14PM

abedegno wrote: »

I used this:
Dear Sir/Madam:

I am writing to you in your capacity as data protection officer for your company - Company Name. I have reason to believe you hold personal data on myself as a vehicle I own and am the registered keeper for visits car parking sites managed by your company. I think it needs to be said here how they collect that data - eg "Such data is collected by your ANPR camera systems". It should be noted that contrary to article 13 of GDPR legislation no privacy information was provided to myself, the data subject, at the time of collection. I am therefore compelled into making this request for access to personal data pursuant to Article 15 of the General Data Protection Regulation which, as you will be aware, came into force on 25 May 2018.

The vehicle in question is a Vehicle Model with VRM: VRM.

I have attached the V5 document to prove I am the registered keeper. Should you require further documentation necessary to verify my identity please contact me. [is it sensible to request specifically that once they have read the V5 they securely dispose of it and do not retain it? Otherwise you're giving them your data aren't you? - eg "You do not have my consent to retain this document, please dispose of it securely once you have read it"]

I would like you to be aware at the outset, that I anticipate a reply to my request within one month as required under Article 12, failing which I will be forwarding my inquiry with a letter of complaint to the Information Commissioners Office (ICO).

Please advise as to the following:
Please confirm to me whether or not my personal data is being processed. If it is, please provide me with the categories of personal data you have about me in your files and databases.
In particular, please tell me what you know about me in your information systems, whether or not contained in databases, and including e-mail, documents on your networks, or voice or other media that you may store.

Additionally, please advise me in which countries my personal data is stored, or accessible from. In case you make use of cloud services to store or process my data, please include the countries in which the servers are located where my data are or were (in the past 12 months) stored.

Please provide me with a copy of, or access to, my personal data that you have or are processing.

Please provide me with a detailed accounting of the specific uses and lawful basis that you have made, are making or will be making of my personal data.

Please provide a list of all third parties with whom you have (or may have) shared my personal data.
If you cannot identify with certainty the specific third parties to whom you have disclosed my personal data, please provide a list of third parties to whom you may have disclosed my personal data.

Please also identify which jurisdictions that you have identified in 1-1 above that these third parties with whom you have or may have shared my personal data, from which these third parties have stored or can access my personal data. Please also provide insight in the legal grounds for transferring my personal data to these jurisdictions. Where you have done so, or are doing so, on the basis of appropriate safeguards, please provide a copy.

Additionally, I would like to know what safeguards have been put in place in relation to these third parties that you have identified in relation to the transfer of my personal data.

Please advise how long you store my personal data, and if retention is based upon the category of personal data, please identify how long each category is retained.

If you are additionally collecting personal data about me from any source other than me, please provide me with all information about their source, as referred to in Article 14 of the GDPR.

If you are making automated decisions about me, including profiling, whether or not on the basis of Article 22 of the GDPR, please provide me with information concerning the basis for the logic in making such automated decisions, and the significance and consequences of such processing.

Yours Sincerely,

Name

I've started collecting the relevant data protection email addresses:
ParkingEye: [EMAIL="privacy@parkingeye.co.uk"]privacy@parkingeye.co.uk[/EMAIL]
Excel Parking Services: [EMAIL="dataprotection@excelparking.co.uk"]dataprotection@excelparking.co.uk[/EMAIL]
VCS: [EMAIL="dataprotection@vehiclecontrol.co.uk"]dataprotection@vehiclecontrol.co.uk[/EMAIL]

Love this letter. Just a couple of suggestions in case it's linked as a template in the Newbies thread or elsewhere.

June 2018 - start of the new PPC and DVLA fightback (GDPR related)

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free