By Gemma Simpson, 4 September 2007 16:28
NEWS
Data protection watchdog the Information Commissioner's Office (ICO) has published guidelines outlining how motorists' personal data can be used by the Driver and Vehicle Licensing Agency (DVLA).
The ICO guide attempts to explain the circumstances where the DVLA is allowed to share their personal details with third parties without breaking data protection rules.
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The DVLA can pass on an individual's personal details to a third party if there is "reasonable cause" to do so - such as the prevention or detection of crime - according to the guidance published by the ICO.
The DVLA holds a register of all vehicles licensed for use on the road, which also contains the name and address of the registered keeper of each vehicle, and the agency can pass details from this register onto a third party for a number of legitimate reasons, according to the guide.
But the DVLA does not have to ask permission from registered vehicle keepers before passing on any details to other parties.
Phil Jones, assistant commissioner at the ICO, said the DVLA passes on information from its register to third parties for a variety of legitimate reasons but the person or organisation requesting the information must always provide evidence to the DVLA to show why their request is reasonable.
The ICO Use and disclosure of vehicle information guide said: "The DVLA will consider [the third party's] reasons for wanting the information and any application which does not give a good reason will be rejected, as will any application where the DVLA believes the information would be used unfairly or irresponsibly."
Jones added in a statement: "It is an offence under the Data Protection Act to unlawfully obtain information, for example by misleading the DVLA as to why the information is required."
The DVLA was criticised last year after revealing it made £6.3m from selling access to the names and addresses of motorists to private sector companies such as bailiffs, debt collection agencies and wheel clampers. An investigation also found convicted criminals and companies that didn't actually exist had been granted access to names and addresses from the vehicle register
The government subsequently issued a new set of rules to clamp down on the DVLA because of concerns over the breadth of organisations allowed access to driver data.
Comments
There are 6 comments. Join the discussion
1. Charles Smith
This is nothing new.
I worked in the DVLC in 1970 and procedures were already in place to allow the release of Vehicle Keeper Details to authorised authorities and also solicitors having a "good reason" to know the details. There was a fee then to partially cover the admin costs.
This process was a follow on from the days were vehicles were registered at the local county halls (120 locations). In the clerical days there were forms used to authorise such enquiries, but often the local police would slip into the records room to pull the vehicle folder.
2. Steve Watkins
This entirely typical of Government Departments and civil servants who reagrd themselves as being above the law. Everyone worries about the security of Banks and private companies but the checks on Banks and private companies are (a) their customers and (b) the law of the land. Government Departments and civil servants have no such restrictions and think they can do anything they like. Why should they care? They don't pay a penny for their inflated pensions and when they make mistakes there is no sanction in place to punish them.
3. Haydn Rees
When this situation mixes, the waters muddy.
The "back office" for the London congestion charge is a good example. It is a private company wh gets, on behalf of the Met, owner addresses.
If there is no insurance on the vehicle, they offer strongly worded advice regarding the purchase of some rather over priced insurance, in an envelope containing official documentation from the Police.
4. Donald Clarkson
Do you trust ANYTHING our quasi-government does anymore? We might as well re-instate the monarchy - I would feel safer.
5. Chris Goodman
ALL proceeds arising from the sale of data are the property of the state, not the privately operated agency, DVLA. Gordon Brown should ensure his Chancellor addresses this, and any similar, matter.
6. Graeme MacMaster
This practice should be stopped immediately. I believe that it is showing the thin end of the wedge when it comes to loss of data that the government holds. I have no problem with the DVLA or government having my personal information whether its for:
tax
vehicle
passport
voters role
driving licence
ID card, if it was to be introduced.
etc etc
What I do have a big problem with is the selling or distribution to anyone other than the police or other properly regulated government body.
I have read the DVLAs web site carefully & the section entitled “Circumstances in which information has previously been released”
I see no justification at all for this that can justify handing out information.
Clearly there are some non police activity where this information is needed like the recall of cars that require a safety modification. In This circumstance the car manufacturer should not be supplied a list of names and addresses. This information on the car defect & remedy should be sent to VOSSA & VOSSA can take it from there.
The idea that information is just sent out to private company’s because the DVLA thinks that it is OK, is just not on.
I am in favor of national ID cards, however I would change my mind if this situation is not sorted out