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Release of personal details of Registered Keepers
Chris made this Freedom of Information request to Driver and Vehicle Licensing Agency
The request was partially successful.
From: Chris
27 June 2008
It has come to my attention that the regime of administering
documents resembling Penalty Charge Notices by private enfrocement
companies for disputes occurring on private property is entirely
unlawful (unlike on-street parking, such actions are not and have
not ever been a criminal matter, and amounts charged by private
bodies for such must therefore not be punitive).
As such, private enforcement bodies are therefore not engaged in
law enforcement activity, and the exemptions provided in
ss.29(1),35 Data Protection Act 1998 does not apply, and the
conditions in Schedules 2 and 3 of same Act are accordingly not
met. Yet several private organizations in their warning signs and
notices state that "We will contact the DVLA for your details".
For the avoidance of doubt, this request strictly does not refer to
local authorities, who may or may not have a legitimate claim to
vehicle information.
I therefore require the following information from you pursuant to
the Freedom Of Information Act:
1. The circumstances under which details of the Registered Keeper
of a vehicle may be released without the explicit consent of the
RK, whether on payment of a fee or otherwise.
2. The number of vehicles for whom the personal details of the RK
have been released to private companies or individuals, for each
period (by month or year as appropriate) for which it is reasonably
possible to produce these numbers, as far back as it is reasonably
possible.
3. The number of vehicles for whom the personal details of the RK
have been released to private companies or individuals where it is
known either that the entity is in the business of parking
enforcement, or that the request has been made for the purpose of
parking enforcement, for each period (by month or year as
appropriate) for which it is reasonably possible to produce these
numbers, as far back as it is reasonably possible.
4. Information on the internal procedure for handling requests made
by private entities such as those referred to in items 2 and 3 of
this request, including but not limited to a description of the
information typically provided by the entities in the request and
how this affects the decision of whether or not to release the
information.
I am aware of the time limit for responses as prescribed by the
Act, and I am also aware that this is a limit and not an
entitlement. I therefore require an acknowledgement of this request
within 3 working days, and that an initial response is issued
within 10 working days, such that any further clarification
required by either myself or yourselves may be resolved within the
wider limit.
For the purposes of s.8 of the Act, this request being served by
email the originating address shall be sufficient as an "address
for correspondence". Pursuant to guidance issued by the ICO,
vendor-proprietary formats (such as those of Microsoft Office) are
strictly not acceptable and shall be treated as a refusal to
comply.
From: Beverley Owen
Driver and Vehicle Licensing Agency
30 June 2008
Please see the attached with regard to your recent request for
information.
Bev Owen
Business Planning & Administration
D16
01792 782934
GTN 1213 2934
show quoted sections
From: Chris
30 June 2008
You are respectfully reminded of the following:
"... vendor-proprietary formats (such as those of Microsoft Office)
are strictly not acceptable and shall be treated as a refusal to
comply."
I trust that this failing shall not be repeated when the actual
response is provided.
From: Beverley Owen
Driver and Vehicle Licensing Agency
1 July 2008
I apologise that you were unable to open the attachment to my last email.
Please find below the contents of the attachment.
Driver and Vehicle Licensing Agency
Business Planning and Administration
Zone 4 D16
DVLA
Longview Road
Swansea
SA6 7JL
Telephone 01792 782450
Chris
[FOI #924 email]
Fax 01792 782472
Textphone
Email [email address]
Website www.direct.gov.uk/motoring
Your Ref
Our Ref FOI 1124
Date: 30 June 2008
Dear Chris
Freedom of Information
Your email sent on 27 June requested information about the release of personal details of Registered Keepers. It is being dealt with under the terms of the Freedom of Information Act 2000 (FOIA).
If you have any queries about this letter, please contact me, quoting the reference number above in any future communications.
Yours sincerely
Sent unsigned via email
Mr Wynne Jones
Business Planning and Administration
Hope this is helpful.
Bev Owen
Business Planning & Administration
D16
01792 782934
GTN 1213 2934
show quoted sections
You are respectfully reminded of the following:
"... vendor-proprietary formats (such as those of Microsoft Office)
are strictly not acceptable and shall be treated as a refusal to
comply."
I trust that this failing shall not be repeated when the actual
response is provided.
show quoted sections
From: Beverley Owen
Driver and Vehicle Licensing Agency
9 July 2008
Please find the reply to your recent Freedom Of Information request
attached. In view of your previous correspondence, the contents of the
letter are also in email format below.
Driver and Vehicle
Licensing Agency
Head of Data Sharing
D16
DVLA
Longview
Road
Swansea
SA6 7JL
Telephone 01792
783988
Chris
[FOI #924 email]
Fax 01792 384565
Textphone
Email [email address]
Website www.direct.gov.uk/motoring
Your Ref
Our Ref FOI 1124
Date: July 2008
Dear Chris
Freedom of Information
Your recent request for information about the release of personal
details of Registered Keepers has been answered under the terms of the
Freedom of Information Act 2000 (FOIA).
I will answer your questions in the order listed.
1. The circumstances under which details of the Registered Keeper of a
vehicle may be released without the explicit consent of the RK, whether
on payment of a fee or otherwise.
The Data Protection Act 1998 (DPA) exempts from its non-disclosure
provisions the release of information where the law allows it and DVLA
is not in a position to refuse those who have a legitimate right to
receive information.
In this context, Regulation 27 of the Road Vehicles (Registration and
Licensing) Regulations 2002 provides for the release of information from
the vehicle register, to the police, to local authorities for purposes
connected with the investigation of an offence or decriminalised parking
contravention, and to anyone who can demonstrate +IBg-reasonable cause+IBk
to have it. Regulations allow a fee to be charged for information
released under +IBg-reasonable cause+IBk.
2. The number of vehicles for whom the personal details of the RK have
been released to private companies or individuals, for each period (by
month or year as appropriate) for which it is reasonably possible to
produce these numbers, as far back as it is reasonably possible.
The table below sets out the total number of enquiries DVLA processed
under the +IBg-reasonable cause+IBk provisions.
Year
Total Number
Of Enquiries
2003/04 1,014,309
2004/05 1,062,883
2005/06 1,264,284
2006/07 1,343,903
2007/08 1,643,893
3. The number of vehicles for whom the personal details of the RK have
been released to private companies or individuals where it is known
either that the entity is in the business of parking enforcement, or
that request has been made for the purpose of parking enforcement, for
each period (by month or year as appropriate) for which it is reasonably
possible to produce these numbers, as far back as it is reasonably
possible.
I am unable to provide you with these figures as DVLA only has
available the total number of requests.
When any request has been made, details of it are held against each
vehicle record. In order to establish how many requests were
specifically made in relation to parking enforcement, manual
interrogation of each of these records would be necessary. This would
require extensive work for members of staff accessing in excess of a
million records, diverting resources from our core business. DVLA has no
obligation under Section 12 of the FOIA to supply information, which
would cost more than +AKM-600 to collate.
4. Information on the internal procedure for handling requests made by
private entities such as those referred to in items 2 and 3 of this
request, including but not limited to a description of the information
typically provided by the entities in the request and how this affects
the decision of whether or not to release the information.
Private companies/individuals that request information manually are
required to complete the appropriate form. An explanation to why they
require the information is required in order for DVLA to assess whether
the application meets the reasonable cause criteria. Companies must
enclose a business r+AOk-sum+AOk of their operations, detailing why they want
the information and how it will be used. All companies must provide
evidence to corroborate their request and car park enforcement companies
also have to confirm that a parking charge scheme is in operation. All
forms contain a note that warns applicants that it is a criminal offence
under Section 55 of the DPA to falsely obtain personal information.
Some companies request and receive data via a secure electronic link.
These links are operated in the context of clear terms of agreement,
which details when information may be requested, how it can be used and
how it should be stored. Also, from 1 October 2007 all organisations
that do not have a statutory regulator are required to be a member of a
DVLA Accredited Trade Association (ATA).
An ATA will have a clear, enforceable Code of Practice (COP) governing
the conduct and business practices of their members and will publish
that COP on their website, along with a list of their members. ATAs that
fail to enforce their COP will lose their accreditation and their
members will forfeit their entitlement to request and receive DVLA data
electronically.
+IBg-Reasonable cause+IBk is not defined in legislation but the Agency has
always taken the view that release should normally be associated with
road safety or events occurring as a direct consequence of the use of
the vehicle. The Agency has to consider requests on the basis of the
facts presented as well as the way in which the information will be used
before releasing the information.
For example, the Agency requires car park enforcement companies to
confirm that adequate signage is in place informing users of the car
park of any restrictions in place and the consequences of any breaches
of these restrictions. Information is released on the basis that the
company has demonstrated reasonable cause in wanting to trace the keeper
of a vehicle in breach of its restrictions.
A full list of the circumstances that the Agency has, in the past,
considered met the +IBg-reasonable cause+IBk criteria and a list of bodies
that have received data are published on the website at
www.direct.gov.uk/en/Motoring/OwningAVeh...
The website also contains the names of companies that have an
electronic link to request and receive information.
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 decisions made by this Agency in relation
to your request, you may ask for an internal review. If you wish to
complain, you should write to Mr Wynne Jones, Business Planning and
Administration Group (BPAG), D16, DVLA, Longview Road, Swansea SA6 7JL
or email to [email address].
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
If you have any queries about this letter, please contact Wynne Jones.
Please remember to quote the reference above in any future
communications.
Yours sincerely
Sent unsigned via email
Paul Jeffreys
Bev Owen
Business Planning & Administration
D16
01792 782934
GTN 1213 2934
show quoted sections
From: Chris
9 July 2008
Thank you for your timely response. The full and detailed
explanation is much appreciated.
For the purposes of whatdotheyknow.com, I regard the response as
follows:
1. Information provided
2. Information provided
3. Information withheld on grounds of cost
4. Requires clarification
To follow up on your response to question 4, the DPA establishes a
duty of care on controllers to ensure that disclosures are made
only when necessary, and to those entitled to disclosure. It is
well-established that a simple declaration does not protect a
controller making a disclosure to a third party. Therefore, to
clarify your answer to question 4:
4A. Ignoring the "reasonable cause" criteria, is there any further
mechanism in place beyond these criteria and the declaration from
the applicant?
4B. What, if any, procedures are carried out to verify that the
information passed to you by the applicant is correct as declared,
and what action is taken when the information provided turns out
not to be correct?
4C. You stated that "Information is released on the basis that the
company has demonstrated reasonable cause in wanting to trace the
keeper of a vehicle in breach of its restrictions." What, if any,
procedures are carried out to verify that the applicant is in fact
entitled to make and enforce such restrictions?
Many thanks in advance.
From: Beverley Owen
Driver and Vehicle Licensing Agency
11 July 2008
Dear Chris,
Please find an acknowledgement of your request below.
Driver and Vehicle
Licensing Agency
Business Planning and
Administration
Zone 4 D16
DVLA
Longview Road
Swansea
SA6 7JL
Telephone 01792
782450
Chris
[FOI #924 email]
Fax 01792
782472
Textphone
Email [email address]
Website www.direct.gov.uk/motoring
Your Ref
Our Ref FOI 1142
Date: 11 July 2008
Freedom of Information
Your email received on 10 July requested further clarification about
the release of personal details of Registered Keepers. It is being
dealt with under the terms of the Freedom of Information Act 2000
(FOIA).
If you have any queries about this letter, please contact me, quoting
the reference number above in any future communications.
Yours sincerely
Sent unsigned via email
Mr Wynne Jones
Business Planning and Administration
Bev Owen
Business Planning & Administration
D16
01792 782934
GTN 1213 2934
show quoted sections
From: Beverley Owen
Driver and Vehicle Licensing Agency
21 July 2008
Chris,
Please find the reply to your latest Freedom of Information request below.
Driver and Vehicle Licensing Agency
Head of Data Sharing
D16
DVLA
Longview Road
Swansea
SA6 7JL
Telephone 01792 783988
Chris
[FOI #924 email]
Fax 01792 384565
Textphone
Email [email address]
Website www.direct.gov.uk/motoring
Your Ref
Our Ref FOI 1142
Date: 21 July 2008
Dear Chris
Freedom of Information
Your recent request for information received on the 10 July 2008 asked for clarification on the reply given in question 4 on your previous request. Your request has been dealt with under the terms of the Freedom of Information Act 2000 (FOIA).
I will answer your further questions in the order listed: -
4A. Ignoring the +AJM-reasonable cause+AJQ criteria, is there any further mechanism beyond these criteria and the declaration from the applicant?
Information is released on the condition that it relates to and will only be used in relation to the enquiry. Requests for information must be assessed not only on the reasons given but the way in which data is to be used to ensure that it is to be used in a fair and responsible way.
If the information is easily obtainable by other means, or if it is not +IBg-necessary+IBk to achieve the outcome, the request is rejected.
4B. What, if any, procedures are carried out to verify that the information passed to you by the applicant is correct as declared, and what action is taken when the information provided turns out not to be correct?
DVLA has the right to carry out ad hoc audits on companies to ensure that all enquiries are appropriate and that information is only retained for as long as it is pertinent to the request. All organisations that request data via electronic links are subject to a rolling program of audits. DVLA will also target audits at any organisation that it has particular concerns about, or against which complaints are received.
All complaints are fully investigated and DVLA would be concerned if information were to be used for a purpose other than that it was requested for or if the reason for the request was false or misrepresented in some way. If this were to occur, DVLA would ask the Information Commissioner to investigate the matter and would support any prosecution or formal action he may bring.
Information quoted and evidence provided from individual+IBk-s submitting requests is selected for verification at random.
4C. You stated that +AJM-Information is released on the basis that the company has demonstrated reasonable cause in wanting to trace the keeper of a vehicle in breach of its restrictions.+AJQ What, if any, procedures are carried out to verify that the applicant is in fact entitled to make and enforce such restrictions?
Each request for information from car parking enforcement companies wanting to trace the keeper of a vehicle in breach of its restrictions must be made by completing the request for information form, V888/3.
V888/3s from landowners must be supported with a statement confirming ownership. Companies acting on behalf of landowners must provide evidence (e.g. contract/agreement or written authority) from the landowner to confirm that they are acting with the consent and on the instruction of the landowner.
Evidence should be provided that a penalty charge scheme is in operation and that signs are clearly visible to drivers. Also confirmation that cameras are in operation or if notices are left on vehicle windscreens.
Full details of the applicant+IBk-s business operations must be included with the request.
Companies that request data via an electronic link must also be a member of the British Parking Association+IBk-s (BPA) approved operator scheme and comply with the terms and conditions of BPA+IBk-s code of practice.
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 decisions made by this Agency in relation to your request, you may ask for an internal review. If you wish to complain, you should write to Mr Wynne Jones, Business Planning and Administration Group (BPAG), D16, DVLA, Longview Road, Swansea SA6 7JL or email to [email address].
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
If you have any queries about this letter, please contact Wynne Jones. Please remember to quote the reference above in any future communications.
Yours sincerely
Senu unsigned via email
Paul Jeffreys
Bev Owen
Business Planning & Administration
D16
01792 782934
GTN 1213 2934
show quoted sections
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
NJA Metson left an annotation (19 March 2011)
PENALTY charge!!!! I don't think so, only the Police and Local Authority can issue PENALTY charge notices.....the Private Parking Companies issue a "Parking Charge Notice" which in reality is nothing more than an invoice.
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