Can the management company for our development enforce mandatory use of parking app?

'The parking enforcement company wants to cease the SMS service and force everyone to use a smartphone app.' Photograph: iStockCan a property agent for an owners’ management company force residents to use an app for parking? The background is, we receive two permits per property as per the agreement when we purchased our home. We are owner-occupiers. The signage on site states that if you have additional visitors, you have to send the car’s details by SMS.

Our permits are due for renewal, and I’ve been directed to a web form to apply. I cannot obtain our permits without accepting the use of the parking app, but I don’t believe it’s GDPR compliant. If I was parking in a council space, I have the option of paying cash, but I’m being forced into using an app as it’s the only option for parking.

You indicate that the smartphone app does not comply with either Apple or Google Pay’s privacy requirements, and that the app has not been updated in over three years. This is evidence that the app’s security is poor and would place your personal data at risk. By virtue of GDPR, you and your visitors also have a right to data protection “by design and default”. This means that your OMC and its parking enforcement company are required to implement appropriate technical and organisational measures to ensure data protection principles are integrated into the processing activities. Again, the fact that neither Apple nor Google Pay will accept this app on to their platforms is evidence of poor design of the app.

You also state that the parking enforcement company’s website details that the company can use the information gathered for marketing purposes and that it will share your information with third parties.

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