notomob.co.uk
General Category => General No To Mob Discussion => Topic started by: acer on 23 June, 2020, 07:50:44 PM
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After over a year, the ICO has decided that DVLA is not acting in accordance with the Data Protection Act 2018/GDPR (and DPA98 now repealed).
It is known that DVLA has taken legal advice (but refuses to release this to the public).
What happens next?
I would expect the ICO to serve an enforcement notice on the DVLA. This can be appealed to the Tribunal.
If the DVLA has been releasing keeper details for say, 5 years to parking cos. etc. at the rate of 3m per year that is 15m in total.
If each claim for damages is worth £50 then that's 3m x 50 = seven hundred fifty million pounds (plus court fees).
How would the DVLA pay for that? That's a lot of private number plate auction sales. ;D
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I would expect the ICO to serve an enforcement notice on the DVLA.
What if they don't? <_>
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It is known that DVLA has taken legal advice (but refuses to release this to the public).
Who is it that knows? How do you know?
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This can be appealed to the Tribunal.
If this can be appealed to the Tribunal it would mean the ICO would have reached a decision regarding a complaint that can be appealed. The ICO normally publish such decisions. Please tell us where we can find and review said decision. Thanks.
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1. DVLA has admitted in a FOIA request that it has taken legal advice but wont release it.
2. The ICO is under a statutory duty to uphold parts 3 and 4 of the DPA18, failure to issue an enforcement notice would be a breach of statutory duty (and leaves them vulnerable to JR).
https://www.legislation.gov.uk/ukpga/2018/12/schedule/13/2018-05-23 (https://www.legislation.gov.uk/ukpga/2018/12/schedule/13/2018-05-23)
(1)The Commissioner must—
(a)monitor and enforce Parts 3 and 4 of this Act;
35The first data protection principle
(1)The first data protection principle is that the processing of personal data for any of the law enforcement purposes must be lawful and fair.
3. The enforcement notice has not been served yet, the ICO is refusing to say if has been drafted.
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1. DVLA has admitted in a FOIA request that it has taken legal advice but wont release it.
Please provide a link to the FOIA request
2. The ICO is under a statutory duty to uphold parts 3 and 4 of the DPA18, failure to issue an enforcement notice would be a breach of statutory duty (and leaves them vulnerable to JR).
Who will be asking for a Judicial Review if it gets to that stage?
https://www.legislation.gov.uk/ukpga/2018/12/schedule/13/2018-05-23 (https://www.legislation.gov.uk/ukpga/2018/12/schedule/13/2018-05-23)
(1)The Commissioner must—
(a)monitor and enforce Parts 3 and 4 of this Act;
35The first data protection principle
(1)The first data protection principle is that the processing of personal data for any of the law enforcement purposes must be lawful and fair.
3. The enforcement notice has not been served yet, the ICO is refusing to say if has been drafted.
Please provide a link to the decision that requires an enforcement notice.
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1. I dont have a copy but I have seen the exemption claimed is s.42(1) which is LPP.
2. Anyone who is effected can apply for JR but the first port of call might be the PHSO.
3. You misunderstand the process. Read the DPA
https://www.legislation.gov.uk/ukpga/2018/12/part/6/crossheading/enforcement-notices/2018-05-23 (https://www.legislation.gov.uk/ukpga/2018/12/part/6/crossheading/enforcement-notices/2018-05-23)
If the DVLA refuses to comply then they can appeal to the F-tT.
https://www.legislation.gov.uk/ukpga/2018/12/section/162/2018-05-23 (https://www.legislation.gov.uk/ukpga/2018/12/section/162/2018-05-23)
I suggest you email to the ICO and print the reply (may take a while)
"Dear ICO,
Are you investigating the DVLA for failure to comply with Data Protection Act 98/18 and GDPR as regards vehicle keeper data held on the DVLA register of vehicles?
What date did the investigation start?
Does the investigation involve the (alleged) failure of the DVLA to check every application for reasonable cause for wanting data before releasing keeper details to private parking firms?
Have you taken legal advice regarding the investigation, please supply s copy under FOIA?
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1. I dont (sic) have a copy but I have seen the exemption claimed is s.42(1) which is LPP.
Have you checked on Whatdotheyknow?
2. Anyone who is effected (sic) can apply for JR but the first port of call might be the PHSO.
What you seem to be suggesting is that someone could apply for a judicial review of the ICO's decision not to enforce the terms of the Data Protection Act, and that the decision not to enforce was made pursuant to some legal advice (see below) that only the DVLA have had sight of. Or have I got hold of the wrong end of the stick?
3. You misunderstand the process. Read the DPA
https://www.legislation.gov.uk/ukpga/2018/12/part/6/crossheading/enforcement-notices/2018-05-23 (https://www.legislation.gov.uk/ukpga/2018/12/part/6/crossheading/enforcement-notices/2018-05-23)
See 2 above
If the DVLA refuses to comply then they can appeal to the F-tT.
https://www.legislation.gov.uk/ukpga/2018/12/section/162/2018-05-23 (https://www.legislation.gov.uk/ukpga/2018/12/section/162/2018-05-23)
I suggest you email to the ICO and print the reply (may take a while)
"Dear ICO,
Are you investigating the DVLA for failure to comply with Data Protection Act 98/18 and GDPR as regards vehicle keeper data held on the DVLA register of vehicles?
This would suggest that we don't know if an investigation is underway.
What date did the investigation start?
So first we should ask if an investigation has been/is being undertaken, but now we are assuming it has already started? Doesn't make sense.
Does the investigation involve the (alleged) failure of the DVLA to check every application for reasonable cause for wanting data before releasing keeper details to private parking firms?
?
Have you taken legal advice regarding the investigation, please supply s (sic) copy under FOIA?
And here we get to the crux of why you want someone else to do your dirty work. Please explain what is stopping you from asking for the legal advice via FoI? I do hope you are not trying to make us complicit in some kind of vexatious FoI campaign.
And before answering my last question you should be aware that I am quite adept at searching Whatdotheyknow FoI requests, and having already done so I am fairly confident the question is rhetorical.
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I did ask ICO for copy of legal advice, it refused.
But that was several months ago.
If you ask again they simply refuse as 'vexatious'.