Sunday 16 May 2010

The DVLA and the Data Protection Act

For the past year I have been conversing and writing to the DVLA at Swansea regarding them divulging personal date and charging for it.

At the end of my investigation I made a complaint to the ICO (Information Commissioner) and their reply disgusted me.
At the end of their letter it said "This Matter Is Now Closed", well I have news for them "It's Not".

They seem to be following the "Party Line" saying the DVLA has a right to divulge personal information as it is laid down in "Regulation 27 of the Road Traffic Act".

My concern, the DVLA are selling personal information to private car parking companies, all the the private company has to do is join the BPA (British Parking Association) and follow their code of practice.
The problem is, the BPA Code of Practice is waited on the side of its members, it says nothing about the size and placement of signs but the most important thing, it says nothing about the size of a parking bay.

If you park over a white line in a Super Market car park then the private company will fine may be £70.00 they buy (For £2.50) your personal details from the DVLA.

The DVLA, because the company is a member of the BPA sell them your details in the guise of an "Administration Fee" your details include not only your name and address but the make, colour and engine size of your car and I believe its MOT date.

By law the DVLA must "Demonstrate a Reasonable Cause" before they release your details but they don't. A big percentage of the personal data they release is by E.D.T. (Electronic Data Transfer). So if the code of practise the DVLA are following say nothing about parking on white lines on the size and signage of a parking bay, then the DVLA in releasing your details are guilty of a breach of the Data Protection Act.
When I asked the DVLA under the "Freedom of Information Act" how many of the details they have sold (In the guise of an administration fee) they replied (in writing) "We don't hold that information".
If they don't have that information then the haven't established a Reasonable Cause and are guilty of a breach of the data protection act.

I did put a petition on the 10 Downing Street Web Petition Site but its now my opinion this site is a complete waste of public money, if no one knows its there then how can the public sign it.
A primary school child could do a better job at a petition site.

I'm still in a battle with the DVLA, and the Information Commissioner, my next move is the Secretary of State to see if (As the Road Transport Act says) he is satisfied with the way the DVLA are holding and distributing or "Personal Data".

I have letters, photographs, an audio recording of the Information Commissioner saying how good his department is, I also have a video of a Tesco Car Park that's an "Eye Opener".



I would love some one to comment on what I've written and I will accept all the help I can get to stop the DVLA selling data.

I hope you have enjoyed your read, I can prove all I've written so there isn't a problem.

Thanks for now,

Derek