Data Protection Act

[10ClarionSt]

I was going to post this in Politics but there's nothing in there. Must be haunted. Anyway, I've just written to my MP asking her to try and stop the government disclosing personal information to parking companies. In my opinion, it's a breach of the Data Protection Act, which, hypocritically, the government says it is upgrading later this year in order give enhanced privacy. If a company wants to operate a parking regime/policy, it should find a way to do that without the help of our government breaching the Data Protection Act.

[sunny-dave]

So you'd rather have anarchy (and nowhere to park) or the return of the rogue clampers? Those are about the only two alternatives to disclosing the details of the vehicle's keeper.

Which doesn't mean that I don't think that some Parking Companies are complete bar stewards - but the solution is better regulation and a properly independent appeals process.

[hc4361]

It's not just parking companies that can get that information, anyone can for less than a fiver. I've done it several times and only had to show that I had 'reasonable cause' to request it.

Car parking companies can only get that information if they are members of one of two specific Associations. It is essential that individuals and companies can get this information when necessary so I won't be supporting your cause.

[hc4361]

How would the parking companies ensure they got their money, 10Clarion?
I'm genuinely interested in your solution.

[sunny-dave]

Clamping was only able to made illegal because penalties/charges for breaking parking regulations were at last able to be enforced against the keeper of the vehicle. Remove that and clamping will have to be legalised again.

If you want to see what happens when people know that parking rules cannot be enforced, have a look at what happened here :

http://www.dailymail.co.uk/news/article-314398/St-Albans-driven-anarchy.html

[hc4361]

I respect other people's property and their rules - I have never had a parking ticket and don't believe I have the right to park anywhere I choose so I don't have to worry about parking companies paying to get my details.

[sunny-dave]

I don't give a stuff about Parking Companies or their profits - what I do care about is that I can park (legally) when I want to go shopping etc - if you remove the ability to enforce restrictions, then the places will be full all day with chancers avoiding the cost of parking for work.

It needs enforcement - it also needs to be open and honest and transparent (which it often isn't). Let's solve the second part of this, not chuck away the ability to stop people taking the [censored].

[hc4361]

So, 10Clarion, you are legally parked and a car reverses in to yours causing damage. You saw them do it and drive off and took the registration number. The police aren't interested and nor is anyone else.
You really don't want the right to get the RK details from DVLA to pursue the matter? I would.

[hc4361]

You are the one being precious,, 10Clarion. Your car must display its number plate so that the RK can be identified in certain situations. I'm sure your friends, colleagues, neighbours, acquaintances and Joe Soap know the car you drive and assume you are the RK. It's not a big secret.

[sunny-dave]

The Data Protection Act is a red herring anyway.

In essence, the DPA doesn't say "You can't release data" - what it says is "You must tell people what you are going to do with their data, and not do anything else". So as long as we know what's happening, we can't complain.

[ apologies for the broad brush approach needed when reducing many hundreds of pages of legislation to one paragraph ]

[THECORBYLOON]

Which part of the Act do you think is being broken?

[sunny-dave]

Quite so, I'm not even sure the DPA applies to Central Government, CorbyLoon?

It never used to.

[hc4361]

This is the declaration that must be signed when making the application for RK details

"I declare that the information given is correct to the best of my
knowledge. I will not use the information that I am given for any
other purpose than that stated in section 3 above. I am aware
that, under Section 55 of the Data Protection Act 1998, it is an
offence to unlawfully procure or sell personal information.
I am aware that I am legally obliged to handle and dispose
of any information provided to me by DVLA in line with the
principles of the Data Protection Act 1998."

It is also made clear to the applicant that their details will be held on record and released to third parties in some circumstances. So, just as Joe Bloggs has limited rights to request your details, you have the same right to request Joe Bloggs.

[hc4361]

DVLA can release these details under regulation 27(1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002

http://www.legislation.gov.uk/uksi/2002/2742/regulation/27/made