GDPR - Showing potential customers the V5

We are starting to see a few complaints about personal data (in this case name and address) in regard to V5s being shown to potential customers.  

There doesn’t appear to have been a ruling from the ICO on this but our view is that showing a V5 to a potential buyer is legitimate.  To get technical for a minute, if we look at GDPR, recital (50), it states: The processing of personal data for purposes other than those for which the personal data were initially collected should be allowed only where the processing is compatible with the purposes for which the personal data were initially collected.

Breaking this down, the DVLA collect the data because it’s the law. Passing on the V5 to the new owner so they can add their details is then compatible with the purposes for which the original data was initially collected.

Bearing in mind, the Advertising Standards Agency in ‘Glyn Hopkin Ltd and Fiat Chrysler Automobiles UK Ltd’ made clear that dealers must be transparent about the previous owner if it was a hire vehicle etc, then we cannot see how the ICO can expect dealers to somehow redact the information. It is not in the public interest to do so and processing which is “necessary for the performance of a task carried out in the public interest” and “processing which is necessary for the purposes of legitimate interest pursued by the controller or a third party” are allowed under Article 6.

In short, we don’t see a problem but dealers may wish to review their GDPR privacy policy so it reflects the fact that any documents which arrive with a vehicle when it is taken into stock may be shown to any potential buyers and handed to any new owner to ensure the provenance of the vehicle. If you don’t have a GDPR Privacy Policy, Lawgistics members can sign into HR Manager and simply create one for their business.


Lawgistics Members can get advice on this and other legal matters by contacting the legal team on 01480 455500.
 

Authors: Nona Bowkis

Published: 05 Aug 2019

Comments

To ensure you are a real person signing up and to prevent automated signups (spamming) could we ask you to copy the letters and numbers shown below into the box.

(cAse SeNSItivE!)

Kevin (13/09/2019)
IMO - At the point where the previous owner voluntarily hands across all the vehicle documents to the Trader/Dealer then there is an implied consent that such information will be forwarded to a new owner. If the previous owner doesnt wish to share any data [including receipts/service record or bills] then he should retain them AND in turn receive a lower trade in 'PX consideration' for the fact that the vehicle has no documented history - But I doubt s/he'll/it/neutral will want to receive less £'s in those circumstances, and instead will happily hand across the paperwork. GDPR needs to recognise common sense.



Share this Article