The Protection of Freedoms Act extended liability to the Registered Keeper.
To be pedantic, DVLA has no knowledge as to the _owner_ of a vehicle, only of the person (natural or legal) registered as the keeper.
M
Sent from my iPad
On 22 Jan 2013, at 05:42, Owen Thomas <[log in to unmask]> wrote:
> 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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