Recall notice and privacy concerns

TimTom

Toyota wrote me a letter to tell me of a defective part in my car. Sure enough I own a Toyota however I bought this 3rd hand and it's 10 years old.

How did Toyota track me down?

I assume the department of transport searched the The National Vehicle and Driver File (NVDF) and provided Toyota with a list of names and addresses.

Anyone know what legislation covers this ? Is it GDPR compliant?

thanks.

colm_mcm

Take them to the cleaners. The cheek of them trying to make sure your 10 year old car is ok.

GM228

TimTom wrote: »

Toyota wrote me a letter to tell me of a defective part in my car. Sure enough I own a Toyota however I bought this 3rd hand and it's 10 years old.

How did Toyota track me down?

I assume the department of transport searched the The National Vehicle and Driver File (NVDF) and provided Toyota with a list of names and addresses.

Anyone know what legislation covers this ? Is it GDPR compliant?

thanks.

Motor dealer and distributors amongs others are afforded access to the NVDF under ministerial regulations issued under the Finance Act 1993.

The regulations specifically allow them to search for driver details or specific vehicle details for "identifying registered owners of mechanically propelled vehicles to facilitate actions for the remediation of mechanical faults which potentially endanger the health and safety of drivers, passengers or other person".

bazz26

Manufacturers have special dispensation within the Data Protection act to contact registered owners around recalls as they are considered safety issues. There is an official process they have to go through to do it which includes contacting the DTTAS to request owner details.

vectra

Would you feel safer if they didn't bother contacting you?

Victor

GM228 wrote: »

Motor dealer and distributors amongs others are afforded access to the NVDF under ministerial regulations issued under the Finance Act 1993.

The regulations specifically allow them to search for driver details or specific vehicle details for "identifying registered owners of mechanically propelled vehicles to facilitate actions for the remediation of mechanical faults which potentially endanger the health and safety of drivers, passengers or other person".

This could easily be dealt with by the manufacturer supplying the details to the Department and the Department contacting owners (at the manufacturer's expense).

nim1bdeh38l2cw

Yes, it's GDPR compliant.

uck51js9zml2yt

vectra wrote: »

Would you feel safer if they didn't bother contacting you?

He'd be on here moaning that he's dead and seeing who he could complain to;)

listermint

Victor wrote: »

This could easily be dealt with by the manufacturer supplying the details to the Department and the Department contacting owners (at the manufacturer's expense).

Why would we want government to take on that admin task. We've enough to be doing .


The idea someone wants privacy from keeping their vehicle safer for them and other road users is ridiculous.


The greater good comes in to play here. And some well needed cop on.

Del2005

Victor wrote: »

This could easily be dealt with by the manufacturer supplying the details to the Department and the Department contacting owners (at the manufacturer's expense).

It's not the departments job to issue recall notices.

Toyota did nothing wrong and should be rewarded for contacting a 3rd owner to rectify an issue identified instead of being accused of breaching privacy laws.

As said would you be happier with you data protected and a serious crash?

Cee-Jay-Cee

OP I always thought the whole data protection BS was dreamed up by people in quangos trying to justify their existence. I didn’t realise there was anyone that anal that actually gave a ****e about that kind of nonsense...until now that is.

George Dalton

I always thought that the only people who would seek to benefit from the GDPR fiasco are criminals and whingers. I have seen nothing so far to change my opinion.

Thankfully the regulations are sufficiently well thought out to allow for exclusions in obvious situations such as this.

Heres Johnny

If I drove a 3rd owner 10 year old Toyota I'd try hide the fact too I wouldn't want too many people knowing

Seriously, I think people are bored these days. We've enough money, generally healthy, don't get sent to war or working as slaves in a factory for 80 hours a week so people must think up reasons to be offended or play the victim somehow

GDPR compliant? Give me a break

degsie

The deffective part is between the drivers seat and the steering wheel.

liam7831

Pretty serious issue alright, I wonder how Santa gets around this

scuby

GDPR complaint ?
Seen it all now.....

lertsnim

TimTom wrote: »

Toyota wrote me a letter to tell me of a defective part in my car. Sure enough I own a Toyota however I bought this 3rd hand and it's 10 years old.

How did Toyota track me down?

I assume the department of transport searched the The National Vehicle and Driver File (NVDF) and provided Toyota with a list of names and addresses.

Anyone know what legislation covers this ? Is it GDPR compliant?

thanks.

Compensation eh?

bazz26

Jim Corr would be proud OP.

Victor

listermint wrote: »

Why would we want government to take on that admin task. We've enough to be doing .

Is it not the department's job to keep people safe?

Del2005

Victor wrote: »

Is it not the department's job to keep people safe?

Yes, by making sure manufactures or distributors provide save products and if not help the manufacturer or distributor do a recall.

zilog_jones

Maybe cars should be sold with a EULA too...

slave1

Hard crowd, you've a point OP but remember just because the Gov have your details does not mean it's confidential, they (used to, still maybe?) sell the voting deed poll register!!!

fancy pigeon

OP has misplaced their tinfoil hat. Did you know the government also installs microphones and cameras on everything you buy? You are being watched on everything you do, from taking a dump to that time you looked over your shoulder to look around to make sure no one was watching you

I too got a recall letter from Toyota, saying there is a potential fault with my passenger airbag on my 12 year old Avensis (hey look I'm already worse off!)

They detailed what was the cause and what steps they were going to take to fix it. A comprehensive amount of work to be done free of charge.

I am genuinely very impressed they made the effort to contact me with this and will be making the time to get this done, on what is an old car in the eyes of many.

Alas, despite Toyota's best efforts and interests of their drivers, whingers are going to whinge. What does a whinger whinge about if they have nothing to whinge about?

CJhaughey

fancy pigeon wrote: »

Alas, despite Toyota's best efforts and interests of their drivers, whingers are going to whinge. What does a whinger whinge about if they have nothing to whinge about?

They whinge about having nothing to whinge about!

Riskymove

slave1 wrote: »

they (used to, still maybe?) sell the voting deed poll register!!!

you have the option to opt-out of your details being used

DaveyDave

I don't understand why people who haven't got a clue about data protection and privacy are getting all worked up because of the GDPR. They hear someone has their name and address and get all worked up about it but seem to forget data breaches and sharing of private information has been happening long before the GDPR.

On the flip side, people will happily sign their information over to Facebook, Instagram, Snapchat etc and will look past the fact anything you upload there belongs to them and can be used in advertising with no notice given to you.

fancy pigeon

DaveyDave wrote: »

I don't understand why people who haven't got a clue about data protection and privacy are getting all worked up because of the GDPR. They hear someone has their name and address and get all worked up about it but seem to forget data breaches and sharing of private information has been happening long before the GDPR.

Because nowadays people will go out of their way to get "offended" by any means necessary to seek attention, so they can seek approval and reassurance from their peers in their social media saturated, mollycoddled lives.

This has worked to some extent in this thread with attention seeking, but the desired outcome hasn't been achieved

aaakev

Victor wrote: »

This could easily be dealt with by the manufacturer supplying the details to the Department and the Department contacting owners (at the manufacturer's expense).

There is nothing to deal with, this is how it has always been done and it works perfectly well. Most people are just happy to get the car fixed for free but then there is the likes of the OP (and you?)

endacl

People can see my posts on here. Who can I sue? Class action anybody?

uck51js9zml2yt

On a practical note.
The OP has a right to contact the Data Controller of Toyota Ireland to obtain any and all information they have on him.
He can also ask how they got his information.

Ifs he's still not happy with that information he can raise a concern with the Data Protection Commission.

robtri

I am guessing this is just a way to look for money!!!!


anyway GDPR has a lovely clause that allows the processing of Data to comply with a legal obligation... and Toyota have a legal obligation on the recall to process your data.

you can submit a written request to Toyota to request all data they have on you.

Del2005

Wesson Rancid Ground wrote: »

On a practical note.
The OP has a right to contact the Data Controller of Toyota Ireland to obtain any and all information they have on him.
He can also ask how they got his information.

Ifs he's still not happy with that information he can raise a concern with the Data Protection Commission.

Why would you not be happy with a manufacturer getting information about you to fix a potentially fatal fault with your vehicle. We know exactly how Toyota, or any other manufacturer/retailer, gets the information required for a safety recall.

FFS some people. I'd be more upset if GDPR stopped this.

degsie

Toyota Ireland address is:

Killeen Rd, Bluebell, Dublin

Hope I'm not in breach of GDPR rules :eek:

nim1bdeh38l2cw

Hi OP,

Someone (a langball) made a complaint to the Data Protection Comission(er) in 1999 about exactly what you are complaining about, and it was found to be compliant under the legislation at the time. This hasn't changed. Section 144(3) of the Data Protection Act (2018) is the current legislation allowing this.

https://www.dataprotection.ie/docs/EN/Case-Study-3-99-Vehicle-Registration-Unit/m/138.htm

http://www.irishstatutebook.ie/eli/2018/act/7/enacted/en/print#sec144

bazz26

Del2005

LIGHTNING wrote: »

For somebody who works in IT security and looks at results of data breeches all the time its odd to see so many smug/snotty replies in here. So many companies have cavalier attitudes towards data retention, I think the OP's question is a perfectly valid one.

So you think that companies shouldn't be allowed to contact people with dangerous defects to protect their privacy! I'd rather someone looses the data that I have a a Toyota than drive a dangerous vehicle.

DaveyDave

It's a valid question, yes. And it's ok to ask how someone got your data, make sure they aren't sharing it willy nilly and even removing data at your request, but the general attitude from other threads on here about GDPR are "how do they have my information, HOW DARE THEY?". To be fair, Op Seems to have been just a general inquiry.

elperello

TimTom wrote: »

Toyota wrote me a letter to tell me of a defective part in my car. Sure enough I own a Toyota however I bought this 3rd hand and it's 10 years old.

How did Toyota track me down?

I assume the department of transport searched the The National Vehicle and Driver File (NVDF) and provided Toyota with a list of names and addresses.

Anyone know what legislation covers this ? Is it GDPR compliant?

thanks.

Which model was it? I'm just thinking the information might be useful to anyone who has an imported one.

rex-x

LIGHTNING wrote: »

For somebody who works in IT security and looks at results of data breeches all the time its odd to see so many smug/snotty replies in here. So many companies have cavalier attitudes towards data retention, I think the OP's question is a perfectly valid one.

I think 99% of people really just don't care! Don't spam my email and don't lose my credit card info and I'm happy enough, life is too short to be worrying about data protection IMO

degsie

LIGHTNING wrote: »

The issue here is who else gets that data? What data was shared to Toyota? Are Toyota sharing this data with other companies/services?

Toyota shared the OP's name and address with the sorting office and the postman by writing it on an envelope.

Dravokivich

Data protection overall can be summarised to only those who need it should have access to what they need, when it's needed. It shouldn't be gotten willy nilly. Toyota would have had to presented a reasonable need to be provided your data for the recall.

zilog_jones

LIGHTNING wrote: »

You completely missed my point. The issue here is who else gets that data? What data was shared to Toyota? Are Toyota sharing this data with other companies/services? Whoever stores this data are they being held to EU privacy laws or is the data being held in Japan/US? Whats the threshold about how I can get this data? What if the manufacturer of a minor part in the car found out their is a very small chance of a possible electrical short. Can they get a list of people that bought this car in Ireland? In this situation its a car but what if it was medical information that the company got?

People are far too narrow minded about this stuff. Your personal data isn't something you should just allow to be "taken" without your consent (as it was in this case)

The case study linked by Haddock Thrower (https://www.dataprotection.ie/docs/EN/Case-Study-3-99-Vehicle-Registration-Unit/m/138.htm) describes the situation pretty well. Of course, we don't know if manufacturers are mis-using this data.

Safety recalls always go through the car manufacturers, it wouldn't make sense for the OEM of the part to initiate the recall as they've never dealt with the car owners and don't have a relevant distribution or service network. Look at the Takara airbag recalls in the past few years, for example.

TimTom

TimTom wrote: »

Toyota wrote me a letter to tell me of a defective part in my car. Sure enough I own a Toyota however I bought this 3rd hand and it's 10 years old.

How did Toyota track me down?

I assume the department of transport searched the The National Vehicle and Driver File (NVDF) and provided Toyota with a list of names and addresses.

Anyone know what legislation covers this ? Is it GDPR compliant?

thanks.

Urgh, I'm having flashbacks of the days I had to deal with the public