DVLA, private parking, and GDPR

[Newc]

I know there are several GDPR specialists here. Any thoughts on how the new rules affect the DVLA's nice little earner of selling driver details to private parking firms ?

[TooMany2cvs]

Newc said:

I know there are several GDPR specialists here. Any thoughts on how the new rules affect the DVLA's nice little earner of selling driver details to private parking firms ?

It won't.

http://www.legislation.gov.uk/uksi/2002/2742/part/...

[Cyberprog]

TooMany2cvs said:

It won't.

http://www.legislation.gov.uk/uksi/2002/2742/part/...

That only applies to de-criminalised (council) parking, not private parking.

I suspect however, that much won't change, the DVLA tells you that they will make your details known to anyone who can prove that they have good reason to have your details. Generally, it's when the parking company sells the debt to a third party, that an illegal data transfer occurs however.

[TooMany2cvs]

Cyberprog said:

That only applies to de-criminalised (council) parking, not private parking.

27a applies to de-criminalised parking...

Cyberprog said:

I suspect however, that much won't change, the DVLA tells you that they will make your details known to anyone who can prove that they have good reason to have your details.

...and that's covered by 27e.

Cyberprog said:

Generally, it's when the parking company sells the debt to a third party, that an illegal data transfer occurs however.

It's no different for a parking debt than for any other debt.

[pavarotti1980]

The only thing it will affect is the selling on of parking charges to debt collectors. DVLA have stated this breaches KADOE contract and will attract suspensions of access

[grumpy52]

As an aside , it's on a couple of news feed that UKPC have been suspended from accessing DVLA information again .
Is this new or is it old news ?

[pavarotti1980]

grumpy52 said:

As an aside , it's on a couple of news feed that UKPC have been suspended from accessing DVLA information again .
Is this new or is it old news ?

New I think as they referenced the previous suspension in the article I read.

[The Rookie]

TooMany2cvs said:

Cyberprog said:

Generally, it's when the parking company sells the debt to a third party, that an illegal data transfer occurs however.

It's no different for a parking debt than for any other debt.

Of course it is, in most debts there is an explicit contract between the debtor and the debtee, most companies include a provision for selling on the debt in the contract, this contract is agreed at the same time as the data is provided. However there is no direct contract in the case of private parking and the data hasn’t come from the debtor but DVLA.

The KADOE contract between DVLA and the private parking company which governs the transfer of RK data to them specifically doesn’t permit them to sell it on. There has been some success with DPA claims against those private parking companies who sold debts on (rather than using a debt collecting agent) primarily to MIL collections.