Author Topic: Registered keeper details released to DVLA to private parking companies  (Read 909 times)

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Offline acer

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If anyone has had a PRIVATE parking notice in the post or a letter in the post from a large firm like ParkingEye then the address will have come from the DVLA via the electronic service provide under the KADOE contract.

The Information Commissioner is now carrying out a formal investigation into the DVLA releasing keeper details which are personal data in breach of DPA 1988/2018 and GDPR.

The reason for the investigation is that the DVLA does not inspect any of the requests for "reasonable cause" for wanting the data.

See Reg. 27(1)(e) http://www.legislation.gov.uk/uksi/2002/2742/regulation/27/made

Disclosure of registration and licensing particulars
27.—(1) The Secretary of State may make any particulars contained in the register available for use—


(a)by a local authority for any purpose connected with the investigation of an offence or of a decriminalised parking contravention;
(b)by a chief officer of police;
(c)by a member of the Police Service of Northern Ireland;
(d)by an officer of Customs and Excise in Northern Ireland; or
(e)by any person who can show to the satisfaction of the Secretary of State that he has reasonable cause for wanting the particulars to be made available to him.

Paper requests (made on from V/888 are always checked).

If the ICO decides this is unlawful then the DVLA is facing millions of damages claims which could run into many millions of pounds.

If you know anyone who has had a letter or private PCN, please complain to the ICO:

Email: casework@ico.org.uk 

that your data was released without the due cause test.


Offline The Bald Eagle

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Re: Registered keeper details released to DVLA to private parking companies
« Reply #1 on: 26 January, 2020, 08:45:30 AM »
Now that's an interesting and unexpected development. Thanks for letting us know acer.  <thinking>
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Offline Coco

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Re: Registered keeper details released to DVLA to private parking companies
« Reply #2 on: 26 January, 2020, 11:30:07 AM »
Attached is link to the DVLA's KADOE Contrct (2018 version)

Offline acer

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Re: Registered keeper details released to DVLA to private parking companies
« Reply #3 on: 26 January, 2020, 01:06:02 PM »
The DVLA thinks that the KADOE contract means that the Regs above are not relevant. It says that it can do after-the-fact 'audits' to check for reasonable cause.

If I sign a contract with the DVLA does that mean the police cant give me a speeding ticket? No. Same logic.

Must be a check for reasonable cause BEFORE release.

You may see something about the investigation in the press soon.

In the meantime, please email the DVLA with the following email.

"Reg 27.1.e, The Road Vehicles (Registration and Licensing) Regulations 2002
You released my keeper information which is personal data to XXX PARKING COMPANY/FILLING STATION COMPANY.
Please provide the date that you checked for reasonable cause for wanting my data."

 






Offline Coco

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Re: Registered keeper details released to DVLA to private parking companies
« Reply #4 on: 26 January, 2020, 04:59:49 PM »
This is simply not good enough. In 2018/19 there were 6 million requests for keeper information and I seriously doubt that there were checks on even 1 percent of those requests. The DVLA doesn't have the capacity to check on 60,000 notices - more than 1,000 per week). It is unacceptable for registered keeper information to be so freely available with absolutely no checks by the Agency responsible for its safekeeping. It is already patently obvious that the companies do not check for ANPR anomalies before requesting keeper details see this thread .

It would be most interesting to know how many keeper details are obtained by PPC employees for purposes other than for the issue of a charge notice.

Fortunately Acer, I haven't had a PCN of either type and the last one my wife had was in the days before the 2012 Freedom of Information Act came into force.

Offline acer

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Re: Registered keeper details released to DVLA to private parking companies
« Reply #5 on: 26 January, 2020, 05:33:36 PM »
This is simply not good enough. In 2018/19 there were 6 million requests for keeper information and I seriously doubt that there were checks on even 1 percent of those requests. The DVLA doesn't have the capacity to check on 60,000 notices - more than 1,000 per week). It is unacceptable for registered keeper information to be so freely available with absolutely no checks by the Agency responsible for its safekeeping. It is already patently obvious that the companies do not check for ANPR anomalies before requesting keeper details see this thread .

It would be most interesting to know how many keeper details are obtained by PPC employees for purposes other than for the issue of a charge notice.

Fortunately Acer, I haven't had a PCN of either type and the last one my wife had was in the days before the 2012 Freedom of Information Act came into force.


The FOIA is not relevant, it is the DPA98/2018.

I would complain about any data released since the Regs came into force - 30th November 2002. if you think that the data was released following an electronic request.

The Regs are made under s22.1.c. of VERA 1994
« Last Edit: 26 January, 2020, 05:44:10 PM by acer »

Offline 2b1ask1

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Re: Registered keeper details released to DVLA to private parking companies
« Reply #6 on: 27 January, 2020, 12:43:46 PM »
Ok so can individuals make a blanket request for any information released to bodies (rogues) under this contract since 2002?

Also sub contracting P.20 makes very interesting reading as it (IMHO) precludes passing information onto debt collection companies surely?
Willing to do my bit...

Offline 2b1ask1

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Re: Registered keeper details released to DVLA to private parking companies
« Reply #7 on: 27 January, 2020, 12:46:49 PM »
D8.2 is a doozie if it were ever implemented I VERY much doubt it ever has been though
Willing to do my bit...

Offline acer

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Re: Registered keeper details released to DVLA to private parking companies
« Reply #8 on: 28 January, 2020, 12:19:27 AM »
If you want to know what personal data has been released then serve a data subject access request, details are on the ico website.

Data can be released to the police without need to show reasonable cause.



Offline The Bald Eagle

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Re: Registered keeper details released to DVLA to private parking companies
« Reply #9 on: 28 January, 2020, 07:43:52 PM »
Also sub contracting P.20 makes very interesting reading as it (IMHO) precludes passing information onto debt collection companies surely?


Ahem.  ;)  http://notomob.co.uk/discussions/index.php?topic=6110.msg35898#msg35898
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Offline 2b1ask1

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Re: Registered keeper details released to DVLA to private parking companies
« Reply #10 on: 29 January, 2020, 09:07:46 AM »
Thank you for that TBE  ;D
Willing to do my bit...

Offline The Bald Eagle

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Re: Registered keeper details released to DVLA to private parking companies
« Reply #11 on: 30 January, 2020, 12:32:53 PM »
Thank you for that TBE  ;D

Unfortunately the crafty bastards have found way round it by incorporating the debt collectors within their private parking companies, which means that the data is stored on a database that is available to both the PPC and the debt collection company.  <bashy2> :bashy:
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Offline acer

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Re: Registered keeper details released to DVLA to private parking companies
« Reply #12 on: 30 January, 2020, 02:05:08 PM »
passing the alleged parking debt for collection is lawful, however 'selling' the ticket/debt to companies like MIL is unlawful. MIL also unlawfully add on extra charges.

Offline acer

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Re: Registered keeper details released to DVLA to private parking companies
« Reply #13 on: 12 February, 2020, 01:36:21 AM »
The DVLA is claiming that the ICO knew it was releasing keeper personal data  without checking for reasonable cause first.

Here is the 'audit'. I expect the two former friends to publicly start turning on each other soon.

There is a Keeper of Data at Event (KADOE) contract in place for all private parking companies, intermediaries and link providers. The data sharing agreement contains a dedicated section on data security, alongside a schedule that details very clearly the specific security requirements a company must have in place to have access to keeper data. Provisions for the DVLA to audit the company are also set out within the contract. 

  Private parking companies, intermediaries and link providers must complete an annual data governance and contract compliance assessment. This is a self-assessment questionnaire which requests the company to confirm data governance and compliance with the terms of the contract. Companies are required to notify the DVLA of the outcome within 28 days of conducting the checks


"Self-assessment"  :pmsl:- the parking industry has the morals of the mob.
« Last Edit: 12 February, 2020, 01:37:56 AM by acer »

 


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