At least 50 shades...
Simon Howarth MSc. MBCS CITP
Director
Mob. 07836 365588
@SSHowarth
Webtech Systems Limited t/a The Information Edge, registered in England No.
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of SHQ - Gardiner, Lee
Sent: 22 January 2013 10:53
To: [log in to unmask]
Subject: Re: [data-protection] Vehicle Registration Numbers - Personal Data
or not??
I should also add the joys of a piece of legislation with a lot more shades
of grey than black or white!
Lee Gardiner
Data Protection & Freedom of Information Officer
Knowledge Management Team
Lancashire Fire & Rescue Service
Service Headquarters
Garstang Road
Fulwood
Preston
PR2 3LH
01772 866903
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of SHQ - Gardiner, Lee
Sent: 22 January 2013 10:51
To: [log in to unmask]
Subject: Re: [data-protection] Vehicle Registration Numbers - Personal Data
or not??
To put what Owen was saying more succinctly its the old 'well it depends on
the circumstances' situation we often find ourselves in!!
Lee Gardiner
Data Protection & Freedom of Information Officer
Knowledge Management Team
Lancashire Fire & Rescue Service
Service Headquarters
Garstang Road
Fulwood
Preston
PR2 3LH
01772 866903
[log in to unmask]
SMOKE ALARMS SAVE LIVES
Call 0800 169 1125 to book a free Home Fire Safety Check.
Visit our website: www.lancsfirerescue.org.uk
Facebook: Lancashire Fire and Rescue Service
Twitter: @LancashireFRS
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Owen Thomas
Sent: 22 January 2013 10:43
To: [log in to unmask]
Subject: Re: [data-protection] Vehicle Registration Numbers - Personal Data
or not??
There's a lot of debate about whether it is or whether it isn't here, but
most of it seems to concentrate on personal identifiability from a reg no by
various different means. Obviously, if a reg no allows the identification
of a person in its own right or in conjunction / combination with "...other
information which is in the possession of, or is likely to come into the
possession of, the data controller" then yes - it's clearly personal data.
In practical terms though, this means that the yes / no answer will be
resolved by what becomes of the data as the parking ticket process unfolds.
That is, it will all depend on whether or not your business process/es
firstly hold the reg no in a DPA sense and then allow that ticket to be
'tracked back' to a registered owner.
The original post mentions that the reg no is intended to 'validate' tickets
and prevent swapping: I would assume it might also be used in the management
of people who don't swap, but simply overstay the ticket time they've
purchased?
Taking the latter first - if we assume the parking officer takes a photo of
the expired ticket for enforcement purposes (logical), then yes, the reg no
on the ticket is personal data as it's intended to say something about the
vehicle and then to track that info back to the registered owner in order to
extract the appropriate pound of flesh.
If the former situation applies and a swapped ticket is photographed in a
car with (presumably) a different reg no to that printed on the ticket, we
would have to ask what happens next? If the photo only forms part of a case
against the motorist using the 'invalid' ticket, then it's not the PD of the
original purchaser - but it IS the PD of the recipient (as it says 'Look -
your motor was parked here with an invalid ticket Sunshine: you're
nicked!"). Alternatively, if a photo of the swapped ticket is to be used to
go after the original purchaser and the recipient, then it becomes the PD of
both registered owners.
One thing the FOI / DPA interplay teaches us is that 'PD, or not PD' can
depend to a very significant degree on your instantaneous viewpoint: I dare
say most of us will have come across situations where info's been witheld
under S40 FOI that would not stand up to close scrutiny under the Durant
test - and rightly so, because it's all about the context. Always has been.
Now, given that it seems highly likely that (at some point) a reg no on a
parking ticket will be PD, the next question is which Sched 2 condition
applies? If, as another poster has mentioned, there's a ruling that
Council's can't make them non-transferrable, I'm struggling to think of one
that would fit.
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