Stopping the Parking company processing of your personal data.

The Data Protection Act gives rights to individuals in respect of the personal data that organisations hold about them. The Act says that:

Personal data shall be processed in accordance with the rights of data subjects under this Act.

This is the sixth data protection principle, and the rights of individuals that it refers to are:

  • a right of access to a copy of the information comprised in their personal data;
  • a right to object to processing that is likely to cause or is causing damage or distress;
  • a right to prevent processing for direct marketing;
  • a right to object to decisions being taken by automated means;
  • a right in certain circumstances to have inaccurate personal data rectified, blocked, erased or destroyed; and
  • a right to claim compensation for damages caused by a breach of the Act.


Your personal information is released to parking companies under what is called the "reasonable cause" provision which is a way of allowing the DVLA to bypass some of the checks within the Data Protection Act. However you can actually object to the further use of your personal information by requesting the parking company ceasing to process it or passing it on. This, for example, can prevent the parking company from writing to you again or passing on the information to "debt" collectors. This is particularly relevant where Keepers were not driving and the parking company failed to meet the provisions of the Protection of Freedom Act (England and Wales). It is particularly relevant for Scotland and Northern Ireland where the Keeper can never be liable.

Note that if the continue to process your information after being told you have the right to complain to the Information Commissioner's Office and to seek compensation from them.

Example Letter

[Your Address]

[Parking Company's Address]


Dear Sirs

Request to stop processing my personal data.

Under the 6th Data Principal of the Data Protection Act 1998 I require you to cease processing my personal data and to remove it from your files. You have no lawful excuse to continue to hold / process the information as

.... You failed to meet the requirements of the Protection of Freedoms Act 2012 to hold the keeper liable and I was not the driver that day.

or
.... In Scotland/Northern Ireland, there is no Keeper Liability and since I was not the driver you have no reason to have my personal data.

or

.... The land in question is covered by bylaws and as such the keeper is never liable and I was not the driver that day.

 

I require you to stop immediately and to confirm the same. If you contact me again, I will refer the matter to the Information Commissioner's Office with a request to remove your ICO registration while the matter is being investigated under s55 of the Data Protection Act 1998 as a criminal act.

Yours etc.

 

The Keeper.

 

 

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