Information regarding removal from DVLC

Dear Sarah Goldsmith,

Thank you for your request for information under the Freedom of
Information Act 2000. Your request will be dealt with as DVLA routine
business as usual and not under the provisions of The Freedom of
Information Act.

Under the provisions of the Data Protection Act 1998 an individual has
the right to prevent processing that is likely to cause substantial
damage or distress to him/herself or another and that damage or distress
is unwarranted. Both conditions must be demonstrated.

In addition to this there are exceptions to this right, which are set
in the conditions in paragraphs 1-4 of Schedule 2 of the Data Protection
Act. In the case of information held on the driver or vehicle record
paragraph 3 applies. This states that "[t]he processing is necessary
for compliance with any legal obligation to which the data controller is
subject, other than an obligation imposed by contract". Processing of
information on both the driver and vehicle registers is statutory
requirement and there is no provision for "deregistration". Whilst a
driver may surrender a driving licence there will remain a record that
the individual passed a driving test and held a driving licence for a
period of time.

Regards,

DVLA

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name Sarah Goldsmith <[FOI #29409 email]> 20
February 2010 16:33 >>>
Dear Driver and Vehicle Licensing Agency,

How does one REMOVE ALL DATA from your database referring to
themselves and their driving licence, if they do not wish any
trace
to remain on ANY database of the DVLC nor PNC nor any other
'corporation' (if they have never breached a statutory 'act' and
own no vehicle).

If someone has 'registered' themself with your company; as with
ANY
company, they have the right to de-register themself.

Under the FOI Act, please would you tell me preceisely HOW does
one
remove all* data from the DVLC and return their license to you AS
IF THEY NEVER HAD/APPLIED FOR ONE?

*By all data, I mean ALL; No record is to remain of the name,
address, the driving test, and the license, or the request to be
removed etc (and the data owner shall rescind permission for ANY
personal data to be stored by yourselves under the DPA).

Yours faithfully,

Sarah: Goldsmith

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Dear Ms Goldsmith,

Thank you for your further email. DVLA has provided you with a full
response to the questions you raised. This, as you were advised, was
handled as part of DVLA's routine business as usual and not under the
provisions of The Freedom of Information Act.

DVLA will, therefore, not be holding an internal review. If you are
not content with this, 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

We have nothing further we can add to you enquiry.

Regards,

FOI - DVLA

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name Sarah Goldsmith <[FOI #29409 email]> 23
March 2010 12:40 >>>
Dear FOI FOI,

YOU ARE BREAKING YOUR OWN LAW! This FOI request is now overdue.
Please respond with the answer immediately.

Yours sincerely,

Sarah

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