Driver and Vehicle Licensing Agency
Freedom of Information - D16
DVLA
Longview Road
Swansea
SA6 7JL
Mr Philip Collins
[FOI #27809 email]
Email
[email address]
Website
www.direct.gov.uk/motoring
Your Ref
request-27809-dc50a527
Our Ref
FOIR 1813/10
Date:
22 February 2010
Dear Mr Collins
Request for Information
Thank you for your e-mail of 27 January, regarding a request for information from DVLA
relating to the release of vehicle keeper information to the Association of Private
Investigators. we have been asked to deal with this request and am doing so under the terms
of the Freedom of Information Act 2000 (FOIA).
The information you requested, along with the relevant answers, was as follows:
1.“How many requests for disclosure of personal information, specifically Name of
Registered Keeper and Address of Registered Keeper have been granted by DVLA to Private
Investigators in the last 2 years?”
Answer: This information is held but not in the format requested. There are no separate
statistics available that contain requests for information made by the Association of Private
Investigators. In order to ascertain this, DVLA would have to manually interrogate each
manual and electronic request for information to determine how many of these made in
relation to the release of personal information to Private Investigators. Therefore we consider
the cost of complying with your request to exceed £600. I should clarify that the Agency
receives in excess of 380,000 manual paper fee-paying enquiries per year from both private
organisations and individuals. To determine how many of these applications were received
from Private Investigators would involve a scan of the database. Once completed, each
vehicle record would need to be investigated to ascertain the names of the companies
involved to try and identify the Private Investigator.
Section 12 of the FOIA does not oblige DVLA to comply with a request where the cost in
determining whether we hold the information, and locating, retrieving and extracting the
information exceeds £600. This represents the estimated cost of one person spending 3.5 days
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(or 24 hours) costs at £25.00 per hour. This costing is set out in the Freedom of Information
and Data Protection (Appropriate Limit and Fees) Regulations 2004.
However, we can confirm that there are currently 2 private investigators that have access, via
a service provider, to the DVLA Electronic Direct Information (EDI) link. However, as their
requests are made via the service provider, we are unable to ascertain volumes.
2. “Could you clarify whether a ‘demonstrable just cause’ is still a requirement for access to
the DVLA data or is membership of one of the approved ATA’s enough?”
Answer: Enquiries from Private Investigators can be submitted for different reasons, which
must be judged on their own merits. However, in all cases reasonable cause must apply. It
would not be acceptable for the requestor to simply state they are an ATA member in order
for information to be released.
We should clarify that the information held on DVLA’s vehicle register is subject to the
provisions of the Data Protection Act (DPA), and the Agency takes its duty under the Act
very seriously. However, the DPA permits the release of personal data where the law allows
it and DVLA is not in a position to refuse those who have a legitimate right to receive it.
Provisions contained within the Road Vehicles (Registration and Licensing) Regulations
2002 provides for the release of information from the vehicle register in a number of
circumstances, including to the Police, Customs Officers and Local Authorities. In particular,
Regulation 27 of the said Regulations allows disclosure to those who can demonstrate
‘reasonable cause’ for requesting that information. Whilst the law does not define ‘reasonable
cause’, DVLA has taken the view that disclosure should relate to the vehicle and it’s use, or
the collection of taxation. It is recognised that motorists have an obligation to comply with
road traffic and other regulations when using a vehicle and to act responsibly and with
consideration for other road users, pedestrians and landowners in doing so. In the Agency’s
view, it is a ‘reasonable cause’ for businesses and landowners to seek redress where vehicles
have been parked without authorisation or without paying the relevant charges for parking on
private property.
Disclosure of data in these circumstances does not contravene the Data Protection Act and the
Information Commissioner is fully aware that data held on the vehicle register may be used in
this way. He has issued guidance for the public on his website at www.ico.gov.uk.
3. “Please provide an example of some of the typical ‘just cause’ reasons given by Private
Investigators as to why they ought to have access to the DVLA data on registered keepers
that have resulted in the requested information being provided”
Answer: Private Investigators who apply for information via a service provider can only do
so for a limited range of reasons. These would include:
• For investigations following a road traffic accident where the keeper details were not
supplied.
• For investigations on behalf of a finance company where the finance company need
keeper details due to a default on the agreement.
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The information supplied to you continues to be protected by the Copyright, Designs and
Patents Act 1988. You are free to use it for your own purposes, including any non-
commercial research you are doing and for the purposes of news reporting. Any other re-use,
for example commercial publication, would require the permission of the copyright holder.
Most documents supplied by the Driver and Vehicle Licensing Agency will have been
produced by government officials and will be Crown Copyright. You can find details on the
arrangements for re-using Crown copyright on the Office of Public Sector Information
website at: http://www.opsi.gov.uk/click-use/index.htm.
If you are unhappy with the way the DVLA has handled your request, you may write to
Freedom of Information - D16, Longview Road, Swansea SA6 7JL or by e-mail for an
internal review. The email address is [DVLA request email]. Please remember to quote the
reference above in future communications.
If you are not content with the outcome of the internal review, you have the right to apply
directly to the Information Commissioner for a decision. The Information Commissioner can
be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Yours sincerely
Freedom of Information
DVLA
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