Data Protection and DVLA

DVLA and The Road Vehicles (Registration and Licensing) Regulations 2002
 
Recently I fell foul of a car park management company. This company uses number plate recognition technology to scan your car registration on entry and exit from a car park.  With this information they simply contact the DVLA who are seemingly happy to hand over your name and address.
 
This company makes the excess parking charge on the basis that you have breached a contract with them.  You are deemed to have accepted the terms of the contract simply by parking your car (in the Aldi supermarket car park).  I won't bore you here with the appropriateness of their signage.  My point is that this dispute is based on a civil law contractual dispute and yet the DVLA is still quite happy to hand over my personal data.
 
I have included below an extract from the DVLA guidance in this area.  I don't believe staying 107 minutes instead of 90 minutes in the Aldi supermarket car park should be regarded as "reasonable cause" for the DVLA to hand over my personal data to a private business.  The DVLA is being used as a cheap resource by companies who simply have to set up cameras and then use the DVLA database.
 
A brief spell using Google shows that this is a concern of many hundreds, if not thousands, of others. I hope you will lend your support stopping this abuse of the DVLA data, sorry I mean MY data held by the DVLA.
 

Currently, Regulation 27 of the Road Vehicles (Registration and Licensing) Regulations 2002 allows the Agency to release information from its vehicle register to the police, to local authorities for the investigation of an offence or decriminalised parking contravention, and to anybody who demonstrates ‘reasonable cause’ to have the information made available to them. Regulations also allow for a fee to be charged to cover the cost of processing requests.

‘Reasonable cause’ is not defined in legislation but release is normally associated with road safety, events occurring as a direct consequence of the use of the vehicle, the enforcement of road traffic legislation and the collection of taxes. The Agency has to evaluate very carefully the reasons for the request as well as the way in which the information will be used before releasing the information.

Why is this idea important?

DVLA and The Road Vehicles (Registration and Licensing) Regulations 2002
 
Recently I fell foul of a car park management company. This company uses number plate recognition technology to scan your car registration on entry and exit from a car park.  With this information they simply contact the DVLA who are seemingly happy to hand over your name and address.
 
This company makes the excess parking charge on the basis that you have breached a contract with them.  You are deemed to have accepted the terms of the contract simply by parking your car (in the Aldi supermarket car park).  I won't bore you here with the appropriateness of their signage.  My point is that this dispute is based on a civil law contractual dispute and yet the DVLA is still quite happy to hand over my personal data.
 
I have included below an extract from the DVLA guidance in this area.  I don't believe staying 107 minutes instead of 90 minutes in the Aldi supermarket car park should be regarded as "reasonable cause" for the DVLA to hand over my personal data to a private business.  The DVLA is being used as a cheap resource by companies who simply have to set up cameras and then use the DVLA database.
 
A brief spell using Google shows that this is a concern of many hundreds, if not thousands, of others. I hope you will lend your support stopping this abuse of the DVLA data, sorry I mean MY data held by the DVLA.
 

Currently, Regulation 27 of the Road Vehicles (Registration and Licensing) Regulations 2002 allows the Agency to release information from its vehicle register to the police, to local authorities for the investigation of an offence or decriminalised parking contravention, and to anybody who demonstrates ‘reasonable cause’ to have the information made available to them. Regulations also allow for a fee to be charged to cover the cost of processing requests.

‘Reasonable cause’ is not defined in legislation but release is normally associated with road safety, events occurring as a direct consequence of the use of the vehicle, the enforcement of road traffic legislation and the collection of taxes. The Agency has to evaluate very carefully the reasons for the request as well as the way in which the information will be used before releasing the information.

Abolish the 30 Year Rule

I think people should know the history of their own country as it happens and not 30 years after the event.

 

I know some amendments to this were made recently but far too much of what is done in our name is kept secret for too long.  The 30 year rule can of course be extended so some documents, for instance those dealing with high ranking Nazi sympthizers in British society in the 1930's, are still classified.

Why is this idea important?

I think people should know the history of their own country as it happens and not 30 years after the event.

 

I know some amendments to this were made recently but far too much of what is done in our name is kept secret for too long.  The 30 year rule can of course be extended so some documents, for instance those dealing with high ranking Nazi sympthizers in British society in the 1930's, are still classified.

Covert survailance via Regulation of Investigatory powers act

This act gives the power for the government to request any infomation from telecommunications services, and makes it a criminal offense to tell anyone about it.

Everyone has the right to respect for his private and family life, his home and his correspondence.
Article 8(1) of the European Convention on Human Rights.

"The government can demand that a public telecommunications service intercepts an individual's communications
The act's "interception warrants" can be served for purposes of "national security", "preventing or detecting serious crime" or "safeguarding the economic well-being of the UK". These (undefined) terms are so vague as to be applicable to just about anyone.

For example, the communications of businessmen negotiating deals with foreign companies could easily fall under "safeguarding of the economic well-being of the UK" within the plain English meaning of the term.

The definition of public telecommunications services is broad and could apply to internet services providers, phone companies, or even someone running a web site.

When an ISP is served with an interception warrant, it has to comply and it may not reveal this fact to anyone ever. "

Reference:

http://www.magnacartaplus.org/bills/rip/#interception

Why is this idea important?

This act gives the power for the government to request any infomation from telecommunications services, and makes it a criminal offense to tell anyone about it.

Everyone has the right to respect for his private and family life, his home and his correspondence.
Article 8(1) of the European Convention on Human Rights.

"The government can demand that a public telecommunications service intercepts an individual's communications
The act's "interception warrants" can be served for purposes of "national security", "preventing or detecting serious crime" or "safeguarding the economic well-being of the UK". These (undefined) terms are so vague as to be applicable to just about anyone.

For example, the communications of businessmen negotiating deals with foreign companies could easily fall under "safeguarding of the economic well-being of the UK" within the plain English meaning of the term.

The definition of public telecommunications services is broad and could apply to internet services providers, phone companies, or even someone running a web site.

When an ISP is served with an interception warrant, it has to comply and it may not reveal this fact to anyone ever. "

Reference:

http://www.magnacartaplus.org/bills/rip/#interception

Pro or Anti Cannabis Leagalisation, All Should Watch, ESPECIALLY IF YOU’RE A POLITICIAN

I'm putting this link here as it represents an informed opinion on the subject and details at length the history of prohibition, it's effects economically and in society, it's medicinal values and other extremely informative matters relating to the question, "should we legalise cannabis?".

If you are anti legalisation, then this video will inform you of the other side of the coin while still respecting your opinions and whether you agree with the video or not, you'll end up better qualified to speak about the subject.

If you're pro legalisation then this video is a real eye opener and makes it much easier to understand the fight that you really have on your hands and how deep the rabbit hole goes.

Enjoy before it's moderated on!!!

http://video.google.com/videoplay?docid=-9077214414651731007#

Why is this idea important?

I'm putting this link here as it represents an informed opinion on the subject and details at length the history of prohibition, it's effects economically and in society, it's medicinal values and other extremely informative matters relating to the question, "should we legalise cannabis?".

If you are anti legalisation, then this video will inform you of the other side of the coin while still respecting your opinions and whether you agree with the video or not, you'll end up better qualified to speak about the subject.

If you're pro legalisation then this video is a real eye opener and makes it much easier to understand the fight that you really have on your hands and how deep the rabbit hole goes.

Enjoy before it's moderated on!!!

http://video.google.com/videoplay?docid=-9077214414651731007#

Data protection – outlaw the trading of personal data for gain

The sale of personal data has become commonplace in recent times and that data is being used (abused) by those who are buying and those who are selling. As a result, there is a swingeing increase in those who are greatly motivated by greed to exploit the fact that, inadvertently or otherwise, they are in possession of information that could be traded.

My name, my address and any other detail pertinent to me is pertinent to me alone. If that information is of any consequence to any other person – whether for profit or not – it is not to be traded under any circumstances.

One classic example of traded data relates to circumstances where a civil liability might be incurred, e.g. a motor accident. There is scarcely any physical damage to the vehicles involved and yet, 'claims farmers', unscrupulous solicitors, accident management companies, vehicle repairers, engineers or anybody involved in the process will have personal details of the parties involved in the accident; details which have a trading value to others who can exploit the civil litigation system – not in the name of justice and fair play but in the name of personal greed with little regard for the possible consequences of their activity. Watch TV during any advertisement break and bear witness to a myriad of traders (mostly illegitimate) who are seeking to make money from the 'victims' of the accident most of whom never suffered injury in the first instance but who are ready and willing to perjure themselves for the promise of a crock of gold.

Outlaw the trading of personal data and rid the country of a litigious nation whose primary motivation in life is "Something for nothing" 

Why is this idea important?

The sale of personal data has become commonplace in recent times and that data is being used (abused) by those who are buying and those who are selling. As a result, there is a swingeing increase in those who are greatly motivated by greed to exploit the fact that, inadvertently or otherwise, they are in possession of information that could be traded.

My name, my address and any other detail pertinent to me is pertinent to me alone. If that information is of any consequence to any other person – whether for profit or not – it is not to be traded under any circumstances.

One classic example of traded data relates to circumstances where a civil liability might be incurred, e.g. a motor accident. There is scarcely any physical damage to the vehicles involved and yet, 'claims farmers', unscrupulous solicitors, accident management companies, vehicle repairers, engineers or anybody involved in the process will have personal details of the parties involved in the accident; details which have a trading value to others who can exploit the civil litigation system – not in the name of justice and fair play but in the name of personal greed with little regard for the possible consequences of their activity. Watch TV during any advertisement break and bear witness to a myriad of traders (mostly illegitimate) who are seeking to make money from the 'victims' of the accident most of whom never suffered injury in the first instance but who are ready and willing to perjure themselves for the promise of a crock of gold.

Outlaw the trading of personal data and rid the country of a litigious nation whose primary motivation in life is "Something for nothing" 

Remove restrictions on freedom of information

The Freedom of Information Act has numerous restrictions and exceptions, unnecessarily complicating the law while severely limiting the citizen's right to know what Government is up to.  Those restrictions and exceptions should be swept away.

Why is this idea important?

The Freedom of Information Act has numerous restrictions and exceptions, unnecessarily complicating the law while severely limiting the citizen's right to know what Government is up to.  Those restrictions and exceptions should be swept away.

Should all government data on citizens be controlled by independent trusts? And to whom would they be answerable?

Just wondering on this, but the more storage we get, inevitably the more data the government holds will increase. Computers were supposed to reduce paperwork, they increased it due to data.

The more data the government holds the more capacity, power and potential corruption therein they have to start abusing it. Should the control of what requests in their various contexts are acceptable and what not, lie with the system, or should it be independently controlled?

Trusts can be used to monitor which types of data requests are asked (by polticians, police, insurance companies), of whom and why. Police are already known to use anti terror requests to identify comparatively petty criminals, showing that (through the abuse of power) they can be no more trusted with data than said criminals.

As we have more data over time over more issues, I propose that the data is pulled away from the people that can unaccountably use that data to trusts that are accountable. Once appointed, they could appoint new members keeping themselves independent. But to whom should the trusts be accountable? The people via votes, other data trusts, or the politicians they are supposed to regulate?

Why is this idea important?

Just wondering on this, but the more storage we get, inevitably the more data the government holds will increase. Computers were supposed to reduce paperwork, they increased it due to data.

The more data the government holds the more capacity, power and potential corruption therein they have to start abusing it. Should the control of what requests in their various contexts are acceptable and what not, lie with the system, or should it be independently controlled?

Trusts can be used to monitor which types of data requests are asked (by polticians, police, insurance companies), of whom and why. Police are already known to use anti terror requests to identify comparatively petty criminals, showing that (through the abuse of power) they can be no more trusted with data than said criminals.

As we have more data over time over more issues, I propose that the data is pulled away from the people that can unaccountably use that data to trusts that are accountable. Once appointed, they could appoint new members keeping themselves independent. But to whom should the trusts be accountable? The people via votes, other data trusts, or the politicians they are supposed to regulate?

TRANSFER OF INFORMATION BETWEEN GOVT DEPTS

I would like to see a ban on the transfer of private details between Govt Departments.

Why shoul HM Tax ,transfer my details to Dept of Social Security, on a disc, which could be lost containing my private details.

Both departments should have there own copy of my records.

Why is this idea important?

I would like to see a ban on the transfer of private details between Govt Departments.

Why shoul HM Tax ,transfer my details to Dept of Social Security, on a disc, which could be lost containing my private details.

Both departments should have there own copy of my records.

Scandalous

No one should be allowed to sell pass or give anyone's personal information to any other person, peoples, companies or any other bodies of any description. The clue is in the word PERSONAL.

Why is this idea important?

No one should be allowed to sell pass or give anyone's personal information to any other person, peoples, companies or any other bodies of any description. The clue is in the word PERSONAL.

Define Data Protection

While I agree that I do not want my private data to get into the wrong hands the majority of institutions and organisations that I have had to converse with by phone seem to use this as an excuse for being totally unhelpful. It is terrible when you cannot help your teenage, young adult children to sort out a problem because someone will not speak to you. Also, I have been married for nearly 30 years and cannot get Utility companies to put Mr & Mrs on the bill and then if I have to ring they will not speak to Mrs because it is Mr on the account! Rediculous!

Why is this idea important?

While I agree that I do not want my private data to get into the wrong hands the majority of institutions and organisations that I have had to converse with by phone seem to use this as an excuse for being totally unhelpful. It is terrible when you cannot help your teenage, young adult children to sort out a problem because someone will not speak to you. Also, I have been married for nearly 30 years and cannot get Utility companies to put Mr & Mrs on the bill and then if I have to ring they will not speak to Mrs because it is Mr on the account! Rediculous!

The Protection of Data : Electoral Register / Roll

The Electoral Register / Roll should be completely and universally removed from access by any third party ( none government offices ) trying to acquire information of an individual for profit related reasons. ie, market research, private research, etc

Why is this idea important?

The Electoral Register / Roll should be completely and universally removed from access by any third party ( none government offices ) trying to acquire information of an individual for profit related reasons. ie, market research, private research, etc

Food Labeling

All food should have labeled what is in it. currently some products such as bread and alcohol are exempt from placing their ingredients on the packaging. Other food products can abstain from revealing the full contents using umbrella terms such as 'natural flavorings' .

In addition a system of clear and universal labeling should be applied for all dietary requirements, kosher, halal, vegetarian/vegan, celiac, etc, etc.

Why is this idea important?

All food should have labeled what is in it. currently some products such as bread and alcohol are exempt from placing their ingredients on the packaging. Other food products can abstain from revealing the full contents using umbrella terms such as 'natural flavorings' .

In addition a system of clear and universal labeling should be applied for all dietary requirements, kosher, halal, vegetarian/vegan, celiac, etc, etc.

Freedom of Information

The Official Secrets Acts need to go.  You can't have a Freedom of Information Act and an Official Secrets Act on the statute books at the same time.  It does'nt make sense.  The Official Secrets Acts could be replaced with an Espionage Act or something similar..

Why is this idea important?

The Official Secrets Acts need to go.  You can't have a Freedom of Information Act and an Official Secrets Act on the statute books at the same time.  It does'nt make sense.  The Official Secrets Acts could be replaced with an Espionage Act or something similar..

Pull out of ACTA talks

… or at least, make it clear to the EU that we will not implement any ACTA agreement.  Right now, the European Commission is negotiating 'on our behalf' to do things like 'strengthen' the enforcement of existing 'intellectual property' laws.  I know this isn't on the books yet, but I want a promise from the government that it never will be.  The Anti-Counterfeiting Trade Agreement is an unbelievably illiberal agreement that, if it is waved through by the EU, will have been introduced with no direct involvement of the people of the UK, and there is absolutely no way we should be expected to abide by it.  If you thought the Digital Economy Act was bad, waht till you see this.

Why is this idea important?

… or at least, make it clear to the EU that we will not implement any ACTA agreement.  Right now, the European Commission is negotiating 'on our behalf' to do things like 'strengthen' the enforcement of existing 'intellectual property' laws.  I know this isn't on the books yet, but I want a promise from the government that it never will be.  The Anti-Counterfeiting Trade Agreement is an unbelievably illiberal agreement that, if it is waved through by the EU, will have been introduced with no direct involvement of the people of the UK, and there is absolutely no way we should be expected to abide by it.  If you thought the Digital Economy Act was bad, waht till you see this.

Freedom of Information Act

There are currently about 20 classes of exclusion in the Freedom of Information Act.  These range from national security, to commercial confidentiality, to excessive expense.  These classes of exclusion are far too widely drawn, and the exclusions should be reduced substantially.

Why is this idea important?

There are currently about 20 classes of exclusion in the Freedom of Information Act.  These range from national security, to commercial confidentiality, to excessive expense.  These classes of exclusion are far too widely drawn, and the exclusions should be reduced substantially.

Mandatory disclosure of loss of data / security incidents

When an organisation looses, misplaces or abuses data held about you or when an organisation is hacked, attacked or circumvented they should have to report such things to the Information Commissioner, it's shareholders (if plc), the police (where a crime has been committed) and the individuals who's data may have been abused.

Why is this idea important?

When an organisation looses, misplaces or abuses data held about you or when an organisation is hacked, attacked or circumvented they should have to report such things to the Information Commissioner, it's shareholders (if plc), the police (where a crime has been committed) and the individuals who's data may have been abused.