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Data Protection Complaints – Template Letters
IMPORTANT INFORMATION
This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.
This is what the writer would do in the contemplated circumstances. It is placed freely in the public domain on the basis that if it is used no liability of any kind attaches to the writer and/or the publisher.
Any person relying on this information does so entirely at their own risk.
WebFerret’s thread “The DVLA should be sued under the Data Protection Act” inspired me to give some serious thought to a matter that had been at the back of my mind for some time. In short, no I don’t think that the DVLA should be sued, but I do think that there are grounds for complaint. These grounds are set out in the letters below.
It may seem dull and unexciting but I think that an unemotive approach stands the best chance of success. Success being to have the Information Commissioner to instruct the DVLA to stop selling data to private companies.
Now this may be counter-productive as if this were to happen, I suspect that the private parking companies will resort to more clamping rather than putting in place an ethically workable scheme.
Essentially you have three complaints to make: (i) to the private parking company, (ii) to the DVLA, and (iii) the Information Commissioner. The letters I offer as suggestions are as set out below.
Personally I think that the only way that this debate will be won will be if there is a judicial review. However, Government Agencies do not have a great deal of credibility on data protection at the moment and so if loads of complaints are made, who knows?
I would add this as part of the armoury in the fight against this pernicious activity.
Please feel free to respond to this post here and contribute to the debate. I am no expert on the Data Protection Act so would particularly welcome contributions from those who are.
I may update this post accordingly.
Complaint 1 – To the Private Parking Company
— [Private Parking Company
Address]
[dd/mmmm/yyyy]
For the attention of the Data Controller
Dear Sirs,
I refer to previous correspondence under your reference [#].
It is my understanding that you obtained my personal data from the DVLA. It is my belief that the DVLA passed my personal data to you unlawfully. This is the subject of a separate complaint by me against the DVLA. If this complaint is upheld then it is likely to be the case that you will be processing my personal data unlawfully.
In the meantime I assert that I have not given you consent to process (including holding) my personal data. I request that (save for responding to me that you have done so or if not why not) you immediately cease processing my personal data whether by automatic or other means and also expunge all my personal data from all your relevant filing systems.
Please confirm to me that you have done so within fourteen days of the date of this letter.
Yours faithfully
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Complaint 2 – To the DVLA
— Ian Broom
Customer Services Manager
DVLA
Swansea
SA7 0EE
NB Verify that this name and address remains current here.
[dd/mmmm/yyyy]
Dear Mr Broom,
Re: VRM [#]
I am writing to you to complain about the fact that you sold my personal data to [insert name of private parking company]. My understanding is that you sold my data in the mistaken belief that they had established “reasonable cause”. Please provide to me (at no cost) copies of the evidence used by [insert name of private parking company] to establish reasonable cause.
My complaint is that such transfer of data was unlawful and in breach of my rights for the following reasons:
1) You hold and process personal data in connection with your register containing details of all vehicles licensed for use on the road. [Insert name of private parking company] requested details of the registered keeper of the vehicle in question in relation to an alleged contractual and/or tortious claim relating to activities while the vehicle in question was off the road. In other words while it was outwith the purposes for which you are holding my data.
2) [Insert name of private parking company] requested details of the registered keeper of the vehicle in question in relation to an alleged contractual and/or tortious claim. However, any claim that they may have is against the driver and not the registered keeper. There is no analogy in contract or tort to the owner liability for parking tickets as established in the decriminalised parking enforcement set out in the Road Traffic Act 1991. Further, there is no comparable analogy to the rebuttable presumption, in that act, that the registered keeper is the owner.
In the meantime I request that you cease selling my personal data to organisations such as [insert name of private parking company].
Yours sincerely
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Complaint 3 – To the Information Commissioner
The Information Commissioner wants you to submit complaints on a form. The form is here.
This is what you may wish to consider including at item 6 on the form:
— 1) The DVLA sold my personal data to [insert name of private parking company]. My understanding is that they sold my data in the mistaken belief that they had established “reasonable cause”. [I have requested from the DVLA but not received copies of the evidence used by [insert name of private parking company] to establish reasonable cause].
My complaint is that such transfer of data was unlawful and in breach of my rights for the following reasons:
a. The DVLA holds and processes personal data in connection with their register containing details of all vehicles licensed for use on the road. [Insert name of private parking company] requested details of the registered keeper of the vehicle in question in relation to an alleged contractual and/or tortious claim relating to activities while the vehicle in question was off the road. In other words while it was outwith the purposes for which the DVLA are holding my data.
b. [Insert name of private parking company] requested details of the registered keeper of the vehicle in question in relation to an alleged contractual and/or tortious claim. However, any claim that they may have is against the driver and not the registered keeper. There is no analogy in contract or tort to the owner liability for parking tickets as established in the decriminalised parking enforcement set out in the Road Traffic Act 1991. Further, there is no comparable analogy to the rebuttable presumption, in that act, that the registered keeper is the owner.
c. There is no suggestion that [Insert name of private parking company] requested the data for the purposes of identifing vehicles on the road to help prevent and detect crime, to investigate suspected insurance fraud, to improve road safety or to ensure that vehicles are properly taxed all of which I concede would be “reasonable causes”.
3) [Insert name of private parking company] have used this data to harass me in an attempt to assert my liability for an alleged contractual and/or tortious claim that they assert they have. They have failed to support their allegation with responses to my requests for statute or case law to support their claim and they are making dubious and questionable assertions in connection with their claim. It may be that some of their activities border on criminal behaviour.
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IMPORTANT INFORMATION
This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.
This is what the writer would do in the contemplated circumstances. It is placed freely in the public domain on the basis that if it is used no liability of any kind attaches to the writer and/or the publisher.
Any person relying on this information does so entirely at their own risk.
