Sale of Driver and Vehicle information

Pat James (Ataliwyd y cyfrif) made this Rhyddid Gwybodaeth request to Asiantaeth Trwyddedu Gyrwyr a Cherbydau

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Yn disgwyl am adolygiad mewnol gan Asiantaeth Trwyddedu Gyrwyr a Cherbydau o'u triniaeth o'r cais hwn.

Pat James (Ataliwyd y cyfrif)

Dear Driver and Vehicle Licensing Agency, please provide any recorded information which would allow an exemption in data protection law (inclusive of EU Law), thus permitting or otherwise authorising the sale of personal information (data) by DVLA to any third party, contrary to the Data Protection Act.

For your information; the first party is the subject of the data, the second party is DVLA, the third party is anyone else including corporate entities.

Note: this request has been resubmitted due to DVLA failing to respond to the previous request, which is now deemed out of time.

Yours faithfully,

Pat James

FOI FOI, Asiantaeth Trwyddedu Gyrwyr a Cherbydau

Dear Mr James,

Thank you for your e-mail requesting information. The DVLA are dealing with your request under the terms of The Freedom of Information Act 2000.

Your request has been given reference number: FOIR5405.

You should receive a reply to your request no later than 11 July 2016.

If you have any further questions or enquiries on this request please quote the reference number.

Thanks & Regards,

David A Morgan
Freedom of Information Team
Data Sharing & Protection Group | Strategy, Policy and Communications Group | D16 | DVLA | Swansea | SA6 7JL
Twitter: @dvlagovuk

Vehicle tax or SORN can’t be passed on when a vehicle changes hands.
Ni all treth cerbyd na HOS gael eu trosglwyddo pan fydd cerbyd yn newid dwylo.
Find out more at/Cael gwybod mwy ar: www.gov.uk/vehicletaxrules

dangos adrannau a ddyfynnir

FOI FOI, Asiantaeth Trwyddedu Gyrwyr a Cherbydau

1 Atodiad

Dear Mr James,

Please find attached the reply to your Freedom of Information request FOIR5405.

Thanks & Regards,

David A Morgan
Freedom of Information Team
Data Sharing & Protection Group | Strategy, Policy and Communications Group | D16 | DVLA | Swansea | SA6 7JL
Twitter: @dvlagovuk

Vehicle tax or SORN can’t be passed on when a vehicle changes hands.
Ni all treth cerbyd na HOS gael eu trosglwyddo pan fydd cerbyd yn newid dwylo.
Find out more at/Cael gwybod mwy ar: www.gov.uk/vehicletaxrules

dangos adrannau a ddyfynnir

Pat James (Ataliwyd y cyfrif)

Dear Driver and Vehicle Licensing Agency,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Driver and Vehicle Licensing Agency's handling of my FOI request 'Sale of Driver and Vehicle information'.

My request asked for the Law, which you have failed to provide.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...

Yours faithfully,

Pat James

FOI FOI, Asiantaeth Trwyddedu Gyrwyr a Cherbydau

2 Atodiad

Dear Mr James,

 

Please find attached the response to your request for Internal Review of
FOIR5405.

 

Thanks & Regards,

 

David A Morgan

Freedom of Information Team

Data Sharing & Protection Group | Strategy, Policy and Communications
Group | D16 | DVLA | Swansea | SA6 7JL

Twitter: [1]@dvlagovuk

 

 

[2]cid:image002.png@01D1066D.45D3B7C0

 

Vehicle tax or SORN can’t be passed on when a vehicle changes hands.

Ni all treth cerbyd na HOS gael eu trosglwyddo pan fydd cerbyd yn newid
dwylo.

Find out more at/Cael gwybod mwy ar: [3]www.gov.uk/vehicletaxrules

 

************************************************************************************
Correspondents should note that all communications to DVLA may be
automatically logged, monitored and/or recorded for lawful purposes.

Please visit [4]www.gov.uk/browse/driving for government information on
all aspects of motoring, ranging from log books and driving licences to
driving tests and vehicle tax.
************************************************************************************

References

Visible links
1. http://www.twitter.com/dvlagovuk
2. http://www.gov.uk/dvla
3. http://www.gov.uk/vehicletaxrules
4. http://www.gov.uk/browse/driving

Pat James (Ataliwyd y cyfrif)

Dear FOI FOI, in clarification of your review response, please provide or direct me to the law that you cite in your reply, which was the object of my original request.

Yours sincerely,

Pat James

Pat James (Ataliwyd y cyfrif)

Dear FOI FOI, please clarify your response as you seem to be citing law of which you can produce no evidence of existence. If you claim to have authority in law, then you must produce evidence that, that law in fact exists, which is the point of my request.

If you are citing a law that does not exist, then that is an act of misleading a member of the public, which may be construed a misconduct in public office, a criminal offence with a maximum punishment of life imprisonment.

Yours sincerely,

Pat James

Pat James (Ataliwyd y cyfrif)

Dear FOI FOI, A response remains outstanding.

Yours sincerely,

Pat James

FOI FOI, Asiantaeth Trwyddedu Gyrwyr a Cherbydau

3 Atodiad

Please see the attached copy of the e-mail and response you received on 29 July 2016.

Regards,

Freedom of Information Team
Data Sharing & Protection Group | Strategy, Policy and Communications Group | D16 | DVLA | Swansea | SA6 7JL
Twitter: @dvlagovuk

Vehicle tax or SORN can’t be passed on when a vehicle changes hands.
Ni all treth cerbyd na HOS gael eu trosglwyddo pan fydd cerbyd yn newid dwylo.
Find out more at/Cael gwybod mwy ar: www.gov.uk/vehicletaxrules

dangos adrannau a ddyfynnir

Pat James (Ataliwyd y cyfrif)

Dear FOI FOI, so are you telling me that you do not sell information, or that you do sell information but ignore the provisions of the Data Protection Acts.

Yours sincerely,

Pat James

FOI FOI, Asiantaeth Trwyddedu Gyrwyr a Cherbydau

Thank you for your email.

DVLA has responded to your request for recorded information, advising you that the information you sought is not held, and conducted an Internal Review as part of its Freedom of Information request complaints process. Having exhausted its obligations under the FOI Act, the Agency has nothing further to add. Your next step in the FOI process, if you think it necessary, is to make a complaint to the Information Commissioner's Office (ICO) about DVLA's handling of your request.

Regards
Ian

Ian Aubrey
Freedom of Information Team – D16
Data Sharing & Protection Group | Strategy, Policy and Communications Directorate | DVLA | Swansea | SA6 7JL

Vehicle tax or SORN can’t be passed on when a vehicle changes hands.
Find out more at: www.gov.uk/vehicletaxrules

Twitter: @dvlagovuk  |  Facebook: dvlagovuk  |  YouTube: dvlagov

************************************************************************************
Correspondents should note that all communications to DVLA may be automatically logged, monitored and/or recorded for lawful purposes.

Please visit www.gov.uk/browse/driving for government information on all aspects of motoring, ranging from log books and driving licences to driving tests and vehicle tax.
************************************************************************************

Pat James (Ataliwyd y cyfrif)

Dear FOI FOI, to clarify your rather vague replies, are you admitting that you sell the aforementioned information without lawful authority?

Yours sincerely,

Pat James

Gadawodd Adamna anodiad ()

This is a very important question, which requires a proper response.
Maybe ask what procedures are in place to ensure data is disclosed only where it is lawful?

Pat James (Ataliwyd y cyfrif)

Dear FOI FOI, Further to your response of the 20th, where you wrote:

You asked:
Please provide any recorded information which would allow an exemption in data protection law (inclusive of EU Law), thus permitting or otherwise authorising the sale of personal information (data) by
DVLA to any third party, contrary to the Data Protection Act.

This information is not held. The Data Protection Act does not prevent the disclosure of data where the law allows. The DVLA takes the protection and security of its data very seriously and has procedures in place to ensure data is disclosed only where it is lawful and fair to do so and where the provisions of the Data Protection Act are met. The most recent audit by the Information Commissioner’s Office judged the
DVLA’s procedures to offer high assurance that processes to mitigate the risk of non
compliance with the Data Protection Act are in place.

You are obviously incapable of understanding your own words; "where the law allows", those words of yours are the essence of my request, which you have failed to discharge. For you to hide behind the Information Commissioner in this matter is taking hypocracy to the nth degreee, in respect of all the notices and judgments against you.

This matter will remain open until I receive a staisfactory answer to my request.

Yours sincerely,

Pat James

Pat James (Ataliwyd y cyfrif)

Dear Driver and Vehicle Licensing Agency,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Driver and Vehicle Licensing Agency's handling of my FOI request 'Sale of Driver and Vehicle information'.

you have responded with information which is both misleading and confusing.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...

Yours faithfully,

Pat James

Gadawodd Adamna anodiad ()

The clue might be in the heady strapline "Investors in people". People's data for sale is a sure-fire investment. Profit before performance ;)