Used car ad displays the personal information of previous keepers (via V5)

[Old Greg]

Breach of the Data Protection Act and/or Article 8 of the ECHR.

The dealership posting has no right to publish personal information of third parties without their consent, and the hosting website may be implicated for hosting the breach.

IMO.

Would they have the right to show the document to a prospective buyer, thus disclosing the personal information of third parties without their consent?

[meridian]

Would they have the right to show the document to a prospective buyer, thus disclosing the personal information of third parties without their consent?

Are you asking, or is it rhetorical? If a genuine question, then presumably a legal expert in data protection would be a better idea than an Internet forum.

If rhetorical, is there a difference between showing the document to a prospective buyer for a specific reason (and the duty of care to ensure the prospective buyer is genuine), and posting private data on a website for anyone to see?

[Old Greg]

Are you asking, or is it rhetorical? If a genuine question, then presumably a legal expert in data protection would be a better idea than an Internet forum.

If rhetorical, is there a difference between showing the document to a prospective buyer for a specific reason (and the duty of care to ensure the prospective buyer is genuine), and posting private data on a website for anyone to see?

Ignoring the OP's faux outrage, I'm not sure what to make of the data protection angle. It's an official document. DVLA is content to provide the previous owmer's address on the document, I don't see why it can't be used in an advert. Otherwise DVLA should place clear restrictions on the use of the document.

Maybe I'm wrong though. I'm interested from a profession perspective in data sharing within the context of health records.

[meridian]

Ignoring the OP's faux outrage, I'm not sure what to make of the data protection angle. It's an official document. DVLA is content to provide the previous owmer's address on the document, I don't see why it can't be used in an advert. Otherwise DVLA should place clear restrictions on the use of the document.

Maybe I'm wrong though. I'm interested from a profession perspective in data sharing within the context of health records.

I’ve just done a bit of Googling and it appears that the DVLA have been issuing new V5s since the start of 2018 without previous owner details. GDPR, innit. (Or, for the conspiracy theorist, DVLA can still sell the owner details to private parking enforcement companies and not need to give them away for free to car owners...)

[Old Greg]

I’ve just done a bit of Googling and it appears that the DVLA have been issuing new V5s since the start of 2018 without previous owner details. GDPR, innit. (Or, for the conspiracy theorist, DVLA can still sell the owner details to private parking enforcement companies and not need to give them away for free to car owners...)

I'm not sure what to think about this, but when I've made my mind up, I'll definitely be outraged.

[password]

Ignoring the OP's faux outrage, I'm not sure what to make of the data protection angle. It's an official document. DVLA is content to provide the previous owmer's address on the document, I don't see why it can't be used in an advert. Otherwise DVLA should place clear restrictions on the use of the document.

Maybe I'm wrong though. I'm interested from a profession perspective in data sharing within the context of health records.

Old Greg, I take offence to your describing my outrage as not genuine, fake or false. It is absolutely genuine.

As somebody who may have sold a car recently I would be horrified to think some dealer I never transacted with was bandying around my personal information online for profit.

You absolutely must not have a firm understanding of the importance and sensitivity of such personal data. Hint: General Data Protection Regulation. It wasn't a huge multi industry talking point and grave concern for no reason, but because it is a serious topic.

So yes it is an official document, as is your tax return among many other types of documents. Just because you may share it with your accountant etc doesn't mean it is completely fine for him to share it online.

I’ve just done a bit of Googling and it appears that the DVLA have been issuing new V5s since the start of 2018 without previous owner details. GDPR, innit. (Or, for the conspiracy theorist, DVLA can still sell the owner details to private parking enforcement companies and not need to give them away for free to car owners...)

Ah ok, I am not surprised. Was thinking about this on the way home and if they didn't act they would be in gross violation... I wonder what the DVLA turnover is.. the fines would be hectic. Actually.. this is interesting.

• According to [1], revenue for 2016/17 was £6 billion.
• See the fines in [2].
• If they didn't fix the process they would potentially be in gross violation and subject to the 4% fine. Even at the 2% rate they would have to pay £245,120,000

[1] DVLA's annual report and accounts 2016 to 2017 - GOV.UK
[2] Key Changes with the General Data Protection Regulation – EUGDPR [not the best reference]

[NotAllThere]

Old Greg, I take offence to your describing my outrage as not genuine, fake or false. It is absolutely genuine.

Seems unlikely. Unless you're one of the two former keepers, it doesn't affect you personally. You may be (pretending to be) outraged on behalf of two people who do not give a toss. Vicarious outrage is no outrage at all.

[WTFH]

So if you think it’s illegal, did YOU do anything about it more constructive than writing a rant on the internet?

[Old Greg]

Old Greg, I take offence to your describing my outrage as not genuine, fake or false. It is absolutely genuine.

As somebody who may have sold a car recently I would be horrified to think some dealer I never transacted with was bandying around my personal information online for profit.

You absolutely must not have a firm understanding of the importance and sensitivity of such personal data. Hint: General Data Protection Regulation. It wasn't a huge multi industry talking point and grave concern for no reason, but because it is a serious topic.

So yes it is an official document, as is your tax return among many other types of documents. Just because you may share it with your accountant etc doesn't mean it is completely fine for him to share it online.



Ah ok, I am not surprised. Was thinking about this on the way home and if they didn't act they would be in gross violation... I wonder what the DVLA turnover is.. the fines would be hectic. Actually.. this is interesting.

• According to [1], revenue for 2016/17 was £6 billion.
• See the fines in [2].
• If they didn't fix the process they would potentially be in gross violation and subject to the 4% fine. Even at the 2% rate they would have to pay £245,120,000

[1] DVLA's annual report and accounts 2016 to 2017 - GOV.UK
[2] Key Changes with the General Data Protection Regulation – EUGDPR [not the best reference]

So given your faux offence at my scorn for your faux outrage, did you report the ad?

And seeing as you take GDPR so seriously, this is not sensitive data.

[Old Greg]

So if you think it’s illegal, did YOU do anything about it more constructive than writing a rant on the innernet?

FTFY