Accident and GDPR
Discussion
Forester1965 said:
Zeeky said:
Because they need to satisfy themselves that the purpose for which they are disclosing the information is the purpose for which the person making the request will use it for.
If the applicant is an insurance company or a solicitor, it is reasonable to rely on the request.
If it is a member of the public more effort is needed to ensure the police are not liable for the cyclist's friend turning up at the RK's address demanding compensation to avoid an insurance claim etc.
As has been pointed out, cyclists and pedestrians need not be represented by insurers or lawyers. The DVLA mentioned above is irrelevant because they do not know who was driving at the time, they are only interested in the registered keeper. The injured party has no power to compel a registered keeper to say who was driving (the Police do, however).If the applicant is an insurance company or a solicitor, it is reasonable to rely on the request.
If it is a member of the public more effort is needed to ensure the police are not liable for the cyclist's friend turning up at the RK's address demanding compensation to avoid an insurance claim etc.
The RTA says anyone with reasonable grounds is entitled to the relevant information. This was the unambiguous intention of Parliament. That intention doesn't change because, for example, the injured party was incapacitated and unable to request it by the roadside. The DPA allows controllers to disapply the regulations and disclose information in certain purposes. It doesn't place an obligation on the controller to do any more than believe it's for that purpose. There's no obligation on the person making the disclosure request or controller to prove the data won't be abused. That's not a step required by the law.
"Anyone with reasonable grounds" can request those details from the driver......not a 3rd party.
oyster said:
This thread wins for making me most angry this week on PH.
The unfairness of the police behaviour is simply astonishing. To suggest that a potential victim of a crime should have to spend money up front to access information she is perfectly entitled to is pathetic. Shame on the police.
This is not GDPR by the way. It's something else.
OP - I'd raise a formal complaint with the police force in question. Ask for escalation to the Chief Constable.
Plus contact local MP and Home Secretary & Transport Secretary.
Finally I'd report the police force in question to the ICO for misuse of the GDPR legislation.
Why should the OP waste everyone’s time just so you can tick some self importance box?The unfairness of the police behaviour is simply astonishing. To suggest that a potential victim of a crime should have to spend money up front to access information she is perfectly entitled to is pathetic. Shame on the police.
This is not GDPR by the way. It's something else.
OP - I'd raise a formal complaint with the police force in question. Ask for escalation to the Chief Constable.
Plus contact local MP and Home Secretary & Transport Secretary.
Finally I'd report the police force in question to the ICO for misuse of the GDPR legislation.
Been I while since I was a trained "controller of data", but only the driver's name falls under GDPR protection.
The vrn and insurers details are not protected data. The vrn is publicly visible, and the vehicle is not a person, so the insurance details are not personal data.
I suspect the "guidance" given to the police is practical, rather than legal.
M.
The vrn and insurers details are not protected data. The vrn is publicly visible, and the vehicle is not a person, so the insurance details are not personal data.
I suspect the "guidance" given to the police is practical, rather than legal.
M.
Mortarboard said:
Been I while since I was a trained "controller of data", but only the driver's name falls under GDPR protection.
The vrn and insurers details are not protected data. The vrn is publicly visible, and the vehicle is not a person, so the insurance details are not personal data.
I suspect the "guidance" given to the police is practical, rather than legal.
M.
My thoughts exactly. Too easy to say "because GDPR".The vrn and insurers details are not protected data. The vrn is publicly visible, and the vehicle is not a person, so the insurance details are not personal data.
I suspect the "guidance" given to the police is practical, rather than legal.
M.
Forester1965 said:
Zeeky said:
Because they need to satisfy themselves that the purpose for which they are disclosing the information is the purpose for which the person making the request will use it for.
If the applicant is an insurance company or a solicitor, it is reasonable to rely on the request.
If it is a member of the public more effort is needed to ensure the police are not liable for the cyclist's friend turning up at the RK's address demanding compensation to avoid an insurance claim etc.
As has been pointed out, cyclists and pedestrians need not be represented by insurers or lawyers. The DVLA mentioned above is irrelevant because they do not know who was driving at the time, they are only interested in the registered keeper. The injured party has no power to compel a registered keeper to say who was driving (the Police do, however).If the applicant is an insurance company or a solicitor, it is reasonable to rely on the request.
If it is a member of the public more effort is needed to ensure the police are not liable for the cyclist's friend turning up at the RK's address demanding compensation to avoid an insurance claim etc.
The RTA says anyone with reasonable grounds is entitled to the relevant information. This was the unambiguous intention of Parliament. That intention doesn't change because, for example, the injured party was incapacitated and unable to request it by the roadside. The DPA allows controllers to disapply the regulations and disclose information in certain purposes. It doesn't place an obligation on the controller to do any more than believe it's for that purpose. There's no obligation on the person making the disclosure request or controller to prove the data won't be abused. That's not a step required by the law.
Where does the RTA say that 'anyone with reasonable grounds is entitled to the relevant information'?
Could you reference the legislation which shows what a data controller needs to believe in order to lawfully disclose the information?
Zeeky said:
When asserting that legislation states something it is helpful to cite the relevant legislation.
Where does the RTA say that 'anyone with reasonable grounds is entitled to the relevant information'?
Could you reference the legislation which shows what a data controller needs to believe in order to lawfully disclose the information?
When asserting there's a restriction on something it's best beginning with that. Where does the RTA say that 'anyone with reasonable grounds is entitled to the relevant information'?
Could you reference the legislation which shows what a data controller needs to believe in order to lawfully disclose the information?
What law(s) restrict the Police from providing the driver and insurance details to the IP in a collision?
Ask the police
Q1096: How can I / my solicitor / insurance agent obtain a copy of a collision report following a road traffic collision?
Answer
Not all collisions require a police officer to complete a collision report.
In some instances a collision report will not be released until the police file has been finalised.
If you are a solicitor or an insurance agent, you can apply on behalf of your client for a copy of any existing collision reports the police have.
People can also apply for collision reports or request details of third parties involved in a collision if they are representing themselves in civil proceedings.
Information on how to make a request and details regarding costs can be found on local police force websites. See the link in Related Information for force contact details.
Q1096: How can I / my solicitor / insurance agent obtain a copy of a collision report following a road traffic collision?
Answer
Not all collisions require a police officer to complete a collision report.
In some instances a collision report will not be released until the police file has been finalised.
If you are a solicitor or an insurance agent, you can apply on behalf of your client for a copy of any existing collision reports the police have.
People can also apply for collision reports or request details of third parties involved in a collision if they are representing themselves in civil proceedings.
Information on how to make a request and details regarding costs can be found on local police force websites. See the link in Related Information for force contact details.
Zigster said:
Ask the police
Q1096: How can I / my solicitor / insurance agent obtain a copy of a collision report following a road traffic collision?
Answer
Not all collisions require a police officer to complete a collision report.
In some instances a collision report will not be released until the police file has been finalised.
If you are a solicitor or an insurance agent, you can apply on behalf of your client for a copy of any existing collision reports the police have.
People can also apply for collision reports or request details of third parties involved in a collision if they are representing themselves in civil proceedings.
Information on how to make a request and details regarding costs can be found on local police force websites. See the link in Related Information for force contact details.
Good job on the digging there Zigster.Q1096: How can I / my solicitor / insurance agent obtain a copy of a collision report following a road traffic collision?
Answer
Not all collisions require a police officer to complete a collision report.
In some instances a collision report will not be released until the police file has been finalised.
If you are a solicitor or an insurance agent, you can apply on behalf of your client for a copy of any existing collision reports the police have.
People can also apply for collision reports or request details of third parties involved in a collision if they are representing themselves in civil proceedings.
Information on how to make a request and details regarding costs can be found on local police force websites. See the link in Related Information for force contact details.
Just to be clear, I don't have to complain to my MP, the Home Secretary or the Galactic President??
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff