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Question about GDPR and notice to keeper.


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Would a car parking company be in breach of GDPR if they passed over your details (as a registered keeper) to a debt collection agency, since the driver was the one who entered into the contract allowing them to do so, and not the registered keeper?

 

Just a thought.

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I think someone brought up precisely this extremely interesting question a few months ago and then never came back to us with any kind of reply.

 

There are exemptions contained in the Data Protection Act 2018 and they are fairly clearly written. Have a trawl through them and see if you can come up with anything that you think might fit the bill and then let us know and we can discuss it.

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I think there might be a breach if the data was shared and the data was obtained incorrectly from DVLA, and not stored securely.

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Thanks, I'll try to look into this more.

 

As a keeper of a vehicle, I'd assume since they cannot prove that you entered the car park and agreed to the terms, that they shouldn't be allowed to pass on your details to 3rd parties (except for the DVLA)

 

I have a NTK from ANPR which doesn't mention anything about debt collectors, but my girlfriend who did received a NTK today, does have it written in the letter. I suspect with any appeals, we should mention that she doesn't consent.

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There are a couple of issues, but still waiting for ICO to get the correct legal advice as I have challenged them and DVLA under the GDPR. I have also challenged parking eye on use of aNPR when they sent me a NTK a few weeks back and they cancelled the pcn. The ICO is also not sure on this point that when using anpr there is no way for the parking company to provide The RK the required notice under GDPR art 13 when the RKs is not the driver and therefore the processing by both the dvla and the parking company is unlawful. So you could use that in your appeal.

Plus the GDPR only allows processing when there is no alternative means to achieve the same objectives, and there are alternatives to using anpr which means that they don’t need to process a RKs details, so processing unlawful.

 

As far as your query, they can pass the details on to anyone if it’s in their legitimate interests but only if their privacy notice they should have provided you states they can - so check the NTK for the privacy info and compare it to the GDPR art 14.

Also, if they do pass the details on to a debt collection agency, that agency has to write to you within 30 days and provide you with their privacy notice which must contain the details under GDPR art 14. In both cases they can have the basics of the GDPR art 14 info on the NTk and letter as long as it then directs you to their privacy notice on their website, and that contains all the rest of the info required By the GDPR.

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