Lawful Reason to Release Personal Information to Debt Collection Companies

Dear Mr Payne,

Thank you for your email making a Freedom of Information request. We
acknowledge receipt and it is being dealt with under the provisions of
The Freedom of Information Act 2000.

Regards,

FOI - DVLA

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2010 18:09:13 >>>
Dear Driver and Vehicle Licensing Agency,

I understand that DVLA is subject to the provisions of the Data
Protection Act 1998.

“DVLA take very seriously its duty under the Data Protection
Act
(DPA) to protect the privacy of the motorists whose details it
holds for the purposes of registering and licensing vehicles and
to
comply with Act's guiding principles. However, the Act exempts
from
it's non-disclosure provisions the release of personal data where
the law allows it. Regulation 27(1) of the Road Vehicles
(Registration and Licensing) Regulations 2002 allows the DVLA to
release information held on the vehicle register to the police,
to
local authorities and to anyone who can demonstrate 'reasonable
cause' for their request.” DVLA FOI 874 2 January 2008

I understand that DVLA releases personal data to Debt Collection
Companies. I understand the Debt Collection Companies have no
'reasonable cause' to request or receive personal data except to
derive income from the data.
“........In June 2006 the Agency carried out a small trial
using
debt collecting agencies who operated a 'no win no fee' basis and
found them to be both efficient and effective. The trial came to
an
end in August 2007. Whilst County Court action may ensue where
the
penalty remains unpaid to afford the debt to the Crown, debt
collectors are now an accepted method of pursuing these civil
debts......” DVLA FOIR 1209-08 23 September 2008

I understand that Regulation 27(1) of the Road Vehicles
(Registration and Licensing) Regulations 2002 does NOT authorise
DVLA to release personal data to achieve 'efficient and
effective'
collection of civil debt.

Please inform me :
1) If my understandings are incorrect in any way.
2) What, if any, Statutory Provision entitles DVLA to release
personal data to Debt Collection Companies (DCCs) for the purpose
of 'efficient and effective' collection of civil debt?
3) What 'reasonable cause' the DCCs have to request and / or
receive personal data from DVLA except that which I understand
and
state above, if any?
4) By whom, and on what Lawful Authority is this practice
'accepted'?
5) Why does DVLA NOT disclose publicly to ALL motorists that it
is
their policy to release personal data to DCCs in certain
circumstances?
6) What criteria is applied to the selection of DCCs used by
DVLA?
7) What codes of practice, safeguards and limits are placed on
the
DCCs to regulate the behaviour of DCCs, and to restrict the use
of
and protect personal data supplied by DVLA?
8) What monitoring and enforcement provisions are in place to
ensure DCCs compliance with any codes of practice safeguards and
restrictions placed on the DCCs by DVLA?
9) Is DVLA aware or any complaints about or breeches of any codes
of practice, safeguards for and limits of use of data placed on
the
DCCs by DVLA, and what action has DVLA taken against any DCC in
this event?

Yours faithfully,

G C Payne

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Dear Mr Payne,

Please see the attached response.

Regards.

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