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 Post subject: PRIVATE ANPR
PostPosted: Mon, 01 Aug 2011 17:02:47 +0000 
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Joined: Mon, 07 Jan 2008 14:26:33 +0000
Posts: 16
There has been much discussion here of state misuse of ANPR cameras, but they are also used widely by private bodies. All motorway service areas have cameras on the entrance and the exit, as it is by comparing the two sets of records that they administer the free 2 hour parking rule. ANPR is also used in some car parks, such as Birmingham Airport and probably widely in all large car parks.

This can be fairly benign if only used to pick out wrong doers, but information such as who uses a shopping centre car park every week would be gold dust to marketing men.

The crunch is how easy is it to get very large blocks of information from the DVLA. Is unlimited data allowed if you are prepared to pay?

Anybody any thoughts?


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 Post subject: Re: PRIVATE ANPR
PostPosted: Mon, 01 Aug 2011 19:44:14 +0000 
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Wouldn't the transfer of the data to marketing organisations or other third parties be contrary to the Data Protection Act, unless they made it clear that's what the data was being gathered for?

See here for the data access policies: http://www.dft.gov.uk/dvla//data/relinfo.aspx

Quote:
Regulations allow for the release of information from DVLA’s vehicle register to the police, to local authorities for the investigation of an offence or on-road parking contravention, and to anybody who demonstrates ‘reasonable cause’ to have the information. Regulations also allow for a fee to be charged to cover the cost of processing requests, but not for a profit to be made.

As a general rule, reasonable cause for the release of data from the DVLA vehicle register relates to motoring incidents with driver or keeper liability. These can include matters of road safety, events occurring as a consequence of vehicle use, the enforcement of road traffic legislation and the collection of taxes.


For reasonable cause definitions:
Quote:
Reasonable cause for data release

As a general rule, reasonable cause for the release of data from the DVLA vehicle register relates to motoring incidents with driver or keeper liability. These can include matters of road safety, events occurring as a consequence of vehicle use, the enforcement of road traffic legislation and the collection of taxes. 

In all matters regarding data release, we act responsibly and in accordance with legislation.

The practical applications
We receive requests for information from private organisations as diverse as car parking enforcement companies, solicitors, finance houses and property managers. Each request is looked at individually to ensure that the privacy of motorists is properly safeguarded.

When we do release data it is always for a specified beneficial purpose. The following examples offer guidance, but this is not a definitive list.

Parking
By releasing vehicle data we enable land owners or their agents to protect their property by tracing the keeper of a vehicle that:
Obstructs access or has been abandoned on private property without the knowledge or permission of the land owner.
Where parking facilities exist, has been parked without payment of the relevant fees or has been parked inconsiderately, for example without entitlement in a space reserved for disabled motorists.
Contravened the parking conditions by overstaying permitted time period.
Fraud
DVLA vehicle data release can be used to:
Trace the keeper of a vehicle that has been driven off without paying road, tunnel or bridge charges;
Trace the keeper of a vehicle that has been driven off without paying, or used fraudulent means of payment, for petrol or vehicle repairs;
Help a loss adjuster acting for an insurance company verify whether a road traffic accident has been staged or if a theft claim is fraudulent;
Enable tracing of previous owners as part of an investigation into suspected vehicle ‘clocking’ offences under the Trade Descriptions Act.
Finance
There are many instances where DVLA vehicle data release can have significant financial implications. It can be used to: 

Reduce crime by enabling finance companies to trace vehicle keepers who have fraudulently obtained a leasing or loan agreement on a vehicle;
Help a court appointed receiver or liquidator determine vehicle assets during insolvency proceedings;
Confirm vehicle keeper details and so enable vehicle seizure by debt collection agents acting under a court order.
Accidents/ Incidents
Data release from the DVLA vehicle register is sometimes used to resolve incidents involving vehicles. For instance, it can:

Help an insurance company acting for a policy holder trace other parties involved in a road traffic accident or incident;
Help trace the keeper of a vehicle involved in a minor hit and run incident that does not warrant a full police investigation. This could include personal injury or damage to a vehicle or property;
Enable a solicitor acting for a client to trace the keeper of a vehicle involved in an incident or where the vehicle is involved in legal proceedings.
Other uses
There are a great many miscellaneous situations where reasonable cause can be shown for the release of DVLA vehicle register data. These include:
Sourcing contact details for a vehicle safety recall by a manufacturer or distributor;
Enabling a person acting as an executor of an estate to confirm vehicle assets;
Helping the current registered keeper of a vehicle trace the full history of the vehicle. This could be for personal interest, insurance purposes, to provide to a new keeper on sale or transfer or to resolve a motor trade dispute.


Quote:
Types of organisations that request information from DVLA’s
vehicle register under the reasonable cause provisions
Vehicle manufacturers
Solicitors
Housing associations
Banks
Finance companies
Private individuals
Vehicle repair workshops
Petrol Stations
Insurance companies and loss adjusters
Private investigators
British embassies and consulates
Other UK and crown dependent registration authorities
Motor Insurance Bureau
Legal aid agencies
Court appointed bailiffs and debt recovery agencies
Car park enforcement companies
Local authorities and their agents
NHS Trusts
Bodies with a statutory enforcement role
Other government departments and agencies


And a list of organisations receiving data electronically:
Quote:
Apcoa Parking (UK) Ltd
Athena ANPR Ltd
AA Insurance Services Ltd
Aviva Insurance UK Ltd
Bankstone Ltd
Black Horse Ltd
Britannia Parking
Civil Enforcement Ltd
Churchill Partnerships
Churchill Retail
Commercial Collection Services
DAS Legal Expenses Insurance Ltd
Direct Line Insurance
Dunne & Gray Solicitors
Euro Car Parks
Euro Parking Collection Plc
Excel Parking Services Ltd
Experian Ltd
FCE Bank Plc
FMG Support
G24 Ltd
GroupAma Insurance
Highway Insurance Co Ltd
HPI Ltd
Imperial Civil Enforcement Solutions
Imva Ltd / National Mileage Register
Kindertons Ltd
Met Parking Services Ltd
Midland Expressway Ltd
New Generation Parking Management Ltd
Observices Parking Consultancy Ltd
ParkingEye Ltd
Parking Control Management (UK) Ltd
Prudential
RAC Legal Services
Ranger Services Ltd
RBS Insurance Services
Roxburghe (UK) Ltd
Royal & Sun Alliance Group
Severn River Crossing Plc
Silverbeck Rymer Solicitors
Summit at Lloyds / Amlin Insurance
Town & City Parking Ltd
TPS Parking Solutions Ltd
Trethowans
UK Parking Control Ltd
UKCPS Ltd
Vehicle Control Solutions Ltd
VMC Ltd (Vehicle Mileage Check)
Wilsea Services Ltd
Wosskow Brown Solicitors
WNS Assistance Ltd


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 Post subject: Re: PRIVATE ANPR
PostPosted: Sun, 30 Oct 2011 09:09:46 +0000 
I have been looking at the interpretation and application of the 'reasonable cause' safeguard by the DVLA in response to requests from private parking companies for registered keeper data.

My conclusion is that the 'Approved Conditional Access' (ACA) electronic data release system is unlawful because the reality is that there is no 'reasonable cause'.

I have made a submission to the Transport Committee outlining my arguments and this submission has now been accepted as 'evidence' in the forthcoming 'Scrutiny of the DVLA and the DSA' by Transcom.

The link to my evidence is below but for those who want the three line version it goes like this:-

Membership of the BPA AOS + Compliance with the CoP = 'Reasonable Cause' (for electronic RK data release) according to the DVLA. I say that is unlawful because they have created a presumption of 'reasonable cause' and in doing so have reversed the burden of proof, i.e. the RK is now required to disprove the 'reasonable cause'

http://www.publications.parliament.u.../dda/dda09.htm

Feel free to re-post the link etc in other websites.

Thank you


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 Post subject: Re: PRIVATE ANPR
PostPosted: Sun, 30 Oct 2011 09:10:33 +0000 
I have been looking at the interpretation and application of the 'reasonable cause' safeguard by the DVLA in response to requests from private parking companies for registered keeper data.

My conclusion is that the 'Approved Conditional Access' (ACA) electronic data release system is unlawful because the reality is that there is no 'reasonable cause'.

I have made a submission to the Transport Committee outlining my arguments and this submission has now been accepted as 'evidence' in the forthcoming 'Scrutiny of the DVLA and the DSA' by Transcom.

The link to my evidence is below but for those who want the three line version it goes like this:-

Membership of the BPA AOS + Compliance with the CoP = 'Reasonable Cause' (for electronic RK data release) according to the DVLA. I say that is unlawful because they have created a presumption of 'reasonable cause' and in doing so have reversed the burden of proof, i.e. the RK is now required to disprove the 'reasonable cause'

http://www.publications.parliament.u.../dda/dda09.htm

Feel free to re-post the link etc in other websites.

Thank you


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 Post subject: Re: PRIVATE ANPR
PostPosted: Sun, 30 Oct 2011 11:23:12 +0000 
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Joined: Sun, 09 Jan 2005 18:23:13 +0000
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nevmetson wrote:
The link to my evidence is below but for those who want the three line version it goes like this:-

Membership of the BPA AOS + Compliance with the CoP = 'Reasonable Cause' (for electronic RK data release) according to the DVLA. I say that is unlawful because they have created a presumption of 'reasonable cause' and in doing so have reversed the burden of proof, i.e. the RK is now required to disprove the 'reasonable cause'

I agree.

It seems that in practice DVLA hands out the address data for most number-plates without checking whether there's a valid reason for the request. Only in the case of "blocked records" does is check whether the requestor has a valid reason. See: viewtopic.php?p=58109#p58109

I can supply copies of the actual DVLA correspondence if required.

_________________
Andrew Watson


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 Post subject: Re: PRIVATE ANPR
PostPosted: Wed, 06 Feb 2013 08:29:40 +0000 
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Joined: Wed, 06 Feb 2013 08:06:20 +0000
Posts: 1
nevmetson wrote:
I have been looking at the interpretation and application of the 'reasonable cause' safeguard by the DVLA in response to requests from private parking companies for registered keeper data.

My conclusion is that the 'Approved Conditional Access' (ACA) electronic data release system is unlawful because the reality is that there is no 'reasonable cause'.

I have made a submission to the Transport Committee outlining my arguments and this submission has now been accepted as 'evidence' in the forthcoming 'Scrutiny of the DVLA and the DSA' by Transcom.

The link to my evidence is below but for those who want the three line version it goes like this:-

Membership of the BPA AOS + Compliance with the CoP = 'Reasonable Cause' (for electronic RK data release) according to the DVLA. I say that is unlawful because they have created a presumption of 'reasonable cause' and in doing so have reversed the burden of proof, i.e. the RK is now required to disprove the 'reasonable cause'

http://www.publications.parliament.u.../dda/dda09.htm

Feel free to re-post the link etc in other websites.

Thank you


great ,thanks for the best advice . i will post question related to this topic in future .


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