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Car Check Sites

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  • 12-09-2012 9:48pm
    #1
    Banned (with Prison Access) Posts: 31


    What if, Mr Joe Soap wanted to check the details of his vehicle, on the various
    sites that supply this information for a fee.

    Would it be legal, for said site to charge Mr Soap,
    Who already has the information. but wants to check that details are correct.

    Would Mr Soap have any rights for access to files held, or generated,under data protection act?


Comments

  • Registered Users Posts: 120 ✭✭winsumlusum


    Interesting question. I think that info should be available free to everyone for all cars. Why should car sites profit by it?

    I wonder if one has the right to remove ones own car info from the database under Data Protection?


  • Registered Users Posts: 25,362 ✭✭✭✭coylemj


    My understanding is that no personal data is given out by the Government agency (based in Shannon) which owns the database so the data protection act probably doesn't apply and you can't ask to opt out.

    If the data (make and model) was available to everyone then the Govt. wouldn't be able to charge the likes of motorcheck and cartell for access to the data so there would be a loss of revenue for no great benefit to the public.


  • Registered Users Posts: 120 ✭✭winsumlusum


    coylemj wrote: »
    My understanding is that no personal data is given out by the Government agency (based in Shannon) which owns the database so the data protection act probably doesn't apply and you can't ask to opt out.

    If the data (make and model) was available to everyone then the Govt. wouldn't be able to charge the likes of motorcheck and cartell for access to the data so there would be a loss of revenue for no great benefit to the public.
    the govt charge them and they charge us, not that i have ever paid for info from a car site. I think it should be available free to everyone to help them in buying car and see if there was an accident involving the car they are considering etc


  • Registered Users Posts: 25,362 ✭✭✭✭coylemj


    the govt charge them and they charge us, not that i have ever paid for info from a car site. I think it should be available free to everyone to help them in buying car and see if there was an accident involving the car they are considering etc

    They provide a lot more than what the Govt. gives them, including information on outstanding finance and they also gather information on mileage from different sources.

    If my car is involved in an accident, its my fault and I don't have fully comp. or just decide to get it fixed at my own expense anyway to save my NCB, it won't be logged anywhere.


  • Registered Users Posts: 4,632 ✭✭✭NoQuarter


    If the website are providing a service then yes they should be paid for it.


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  • Registered Users Posts: 120 ✭✭winsumlusum


    coylemj wrote: »
    They provide a lot more than what the Govt. gives them, including information on outstanding finance and they also gather information on mileage from different sources.

    If my car is involved in an accident, its my fault and I don't have fully comp. or just decide to get it fixed at my own expense anyway to save my NCB, it won't be logged anywhere.
    what sources provide the outstanding finance data ? Would that come under data protection?


  • Moderators, Regional Midwest Moderators Posts: 11,074 Mod ✭✭✭✭MarkR


    Interesting reading.

    http://www.dataprotection.ie/docs/Accessing_Your_Personal_Information/14.htm

    I wonder if it matters that you are seeking info on a vehicle in your name, rather than about you?


  • Closed Accounts Posts: 22 CDB1985


    It says:

    You may be asked to pay a fee, but this cannot exceed €6.35.
    Once you have made your request, and paid any appropriate fee, you must be given the information within 40 days (most organisations manage to reply much sooner).

    I wonder how they are allowed sell information about you without your permission.


  • Registered Users Posts: 120 ✭✭winsumlusum


    CDB1985 wrote: »
    It says:

    You may be asked to pay a fee, but this cannot exceed €6.35.
    Once you have made your request, and paid any appropriate fee, you must be given the information within 40 days (most organisations manage to reply much sooner).

    I wonder how they are allowed sell information about you without your permission.
    because the info is about your car, not you? so not personal info as under data protection?


  • Registered Users Posts: 1,053 ✭✭✭BornToKill


    CDB1985 wrote: »
    It says:

    You may be asked to pay a fee, but this cannot exceed €6.35.
    Once you have made your request, and paid any appropriate fee, you must be given the information within 40 days (most organisations manage to reply much sooner).

    I wonder how they are allowed sell information about you without your permission.

    I haven't seen one of these reports but is the information not about the vehicle rather than the person?


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  • Closed Accounts Posts: 22 CDB1985


    “personal data” means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller;


  • Closed Accounts Posts: 22 CDB1985


    Do the vehicle details not relate to an individual? You are the owner of the vehicle so surely they relate to you?

    Could those vehicle details either alone or combined with other information be used to identify you, the vehicle owner?

    If the information of the vehicles is being supplied by Shannon then they have access to information which would identify you. They have the vehicle details they also have the details of the registered owner.

    Shannon being the data controler.

    How can they give the information to websites without breaching data protection?


  • Registered Users Posts: 25,362 ✭✭✭✭coylemj


    what sources provide the outstanding finance data ? Would that come under data protection?

    The finance houses who lend money secured on a vehicle share data among themselves in order to stop someone getting multiple loans secured on the same car from different lenders.

    The body which holds this shared data sells access to the car check websites.

    The data relates to the vehicle, not to the individual who took out the loan so they do not release any personal data and hence (in my humble unqualified opinion) the data protection act would not apply.

    What is released is data of the form 'vehicle 10 D nnnnn has finance outstanding', nothing more.


  • Registered Users Posts: 74 ✭✭Just Jack


    BornToKill wrote: »
    I haven't seen one of these reports but is the information not about the vehicle rather than the person?

    Yes, but I think the op is saying, he already knows the facts as it is his vehicle Should he be expected to pay just for checking them.


  • Registered Users Posts: 1,053 ✭✭✭BornToKill


    Right. But that is not covered by the Date Protection Acts then, is it?


  • Registered Users Posts: 78,312 ✭✭✭✭Victor


    coylemj wrote: »
    The data relates to the vehicle, not to the individual who took out the loan so they do not release any personal data and hence (in my humble unqualified opinion) the data protection act would not apply.
    What waivers will borrowers have signed may be important.


  • Registered Users Posts: 25,362 ✭✭✭✭coylemj


    Victor wrote: »
    What waivers will borrowers have signed may be important.

    Don't think so, otherwise a borrower could refuse to sign a waiver and then offer the car for sale safe in the knowledge that the existence of a loan was concealed in the absence of a signed waiver.

    I've looked at cars for sale, I was up to the wire and almost put down a deposit only to find that there was finance outstanding. However the database does not reveal either (1) how much money is outstanding or (2) who is owed the money.

    So the punter's privacy is well looked after, I don't think any waiver is required because only the absolute minimum is exposed - money owed.


  • Registered Users Posts: 78,312 ✭✭✭✭Victor


    coylemj wrote: »
    Don't think so, otherwise a borrower could refuse to sign a waiver
    And the bank could refuse to proceed with the loan.


  • Registered Users Posts: 25,362 ✭✭✭✭coylemj


    Victor wrote: »
    And the bank could refuse to proceed with the loan.

    We're not discussing non-existent loans.


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