The Information Commissioner's Office Failure To Order The DVLA to Tow The Legal Line
The Information Commissioner's Office published this directive on 23rd April 2009....
'The Data Protection Act 1998 (the Act) regulates the processing of personal information and requires organisations to keep it secure. It generally restricts the disclosure of personal information to third parties unless an exemption applies. Customer and employees will usually have an expectation that their information will not be disclosed to third parties without good cause'.
That seems straightforward enough unless you believe that unproven civil parking allegations are 'good cause'. However the Act goes on to tighten up even on this apparent loop-hole by clearly stating....
'In some exceptional cases for example, tracing a missing person the information being requested by an investigator, it may be necessary for the prevention or detection of crime, and so its disclosure may be exempt under Section 29 of the Act. This will not apply to the civil enforcement of debts'.
That would seem to be clear enough to most people, but not apparently to the ICO who do not seem to understand the policing of the Data Protection Act 1998 and the General Data Protection Regulations is it's only purpose in life, as a result the ICO takes no action against DVLA which persistently ignores it obligations under those statutes. The ICO doesn't even seem to notice anything is amiss. What on earth is the enforcement of a parking or minor traffic ticket , if not a civil alleged debt?
Beside Section 28, there are two other sections that are relevant to the Data Protection Act's exemptions, these being Section 29 (National Security) and Section 35 (Legal Proceedings) neither of which remotely involve parking and minor traffic contraventions. All local authority action avoids judicial courts and whilst private parking companies use those courts, their initial enquiry to DVLA is purely to discover the identity of a registered keeper so as to enable them to send a payment notice. This is NOT the commencement of legal proceedings, thus the exemptions under Section 35 cannot be justified.
The end result being in the enforcement of civil parking that nobody is protected by the ICO who allow the DVLA to break the law every day to the detriment of innocent members of public who have broken no laws at all but who are subjected to oppressive and illegal enforcement for what is no more than an alleged civil debt.
The ICO then turns a blind eye to the sharing of your personal data between a local authority's outsourced parking contractors - another third party whom parking regulations do not recognize as being an 'applicant to the proceedings'.
It does make you wonder how this serious corruption of parking could exist, but Parking Enforcement Defence Solutions will protect you against all these authorized illegal misdemeanors.