Driver and Vehicle Licensing Agency
Head of Data Sharing Policy & FOI Team – D16
Corporate Affairs Directorate
DVLA
Longview Road
Swansea
SA6 7JL
Mr NJA Metson
Email
xxx@xxxx.xxx.xxx.xx
Website
www.direct.gov.uk/motoring
e-mail:
xxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Your Ref
Our Ref
FOIR2681
Date:
31 October 2011
Dear Mr Metson
Freedom of Information Request
Thank you for your e-mail of 8 October requesting information under the terms of the
Freedom of Information Act 2000 (FOIA).
You refined your request of the 18 September, clarifying that you did not require
information concerning individual cases or MP letters and asking for:
The notes of meetings, reports, memoranda, e-mails, letters, etc. which are held on the
computers or in hard copy form by the personnel who work in the Data Sharing
section of DVLA.
I require the specific information concerning and arising from meetings with the
Information Commissioner and/or the Department for Transport in regard to the
application of Regulation 27.
This request should also include any legal advice both sought and provided in respect
of the interpretation and application of ‘reasonable cause’.
You also clarified on 14 October that:
DVLA should go as far back as possible whilst staying within the £600 limit.
The provisions of Regulation 27 of the Road Vehicles (Registration and Licensing)
Regulations 2002, including the disclosure of vehicle keeper data to anyone who can
demonstrate reasonable cause to receive it, is long-standing and originated in the 1960’s,
well before DVLA’s establishment.
Page 1 of 3
The documents that fall within the scope of your request are attached at Annex A and B.
Names of individuals have been redacted from the documents where we consider that the
release of this information would breach at least one of the principles of the Data Protection
Act 1998. In doing so, we are relying on section 40(2) of the FOIA.
While you have asked for any legal advice to be included in the reply, some of the
information contained in these documents has been redacted as it attracts legal professional
privilege and is therefore exempt under section 42 of the FOIA. In applying this exemption,
we have carried out a public interest test to establish whether the public interest in
maintaining the exemption outweighs the public interest for disclosure. However, we
consider that the public interest test favours withholding the information. Full details of
why DVLA favours withholding the information can be found in Annex C attached.
The remaining correspondence between DVLA and the DfT concerning Regulation 27
constitutes either requests for legal advice or responses from DfT legal advisors. Again, it
is considered that this information is exempt from disclosure under section 42 of the FOIA
– legal professional privilege, as the correspondence is with professional legal advisors. A
professional legal advisor is considered to be any qualified individual including external and
in-house lawyers. In applying the exemption, DVLA is required to consider the public
interest in disclosure. The findings of the public interest test can be found attached at
Annex C.
You may be interested in the decision notice issued by the Information Commissioner’s
Office (ICO) and the findings of the Information Tribunal on the subject of reasonable
cause and DVLA’s use of the exemption under section 42 of the FOIA. The following links
provide:
the ICO’s decision notice (FS50205855) -
www.ico.gov.uk/~/media/documents/decisionnotices/2009/FS_50205855.ashx
the Information Tribunals decision (EA/2009/0097) –
www.informationtribunal.gov.uk/DBFiles/Decision/i396/Decision%20&%20PTA%
20(w).pdf
The information which follows concerns the copyright conditions that apply to any
information provided by the Agency and the procedures for making any complaint you
might have about the reply. Please quote the reference number of this letter in any future
communications about it.
Yours sincerely
Robert Toft
Head of Data Sharing Policy & Freedom of Information Team
Page 2 of 3
PROCEDURES FOR HANDLING FREEDOM OF INFORMATION REQUESTS
Copyright Conditions The information supplied to you continues to be protected by copyright. You are free to use
it for your own purposes, including for private study and non-commercial research, and for
any other purpose authorised by an exception in current copyright law. Documents (except
photographs) can be also used in the UK without requiring permission for the purposes of
news reporting. Any other re-use, for example, commercial publication, would require the
permission of the copyright holder.
Most documents produced by a government department or DVLA will be protected by
Crown Copyright. Most Crown Copyright information can be re-used under the Open
Government Licence (OGL) (http://www.nationalarchives.gov.uk/doc/open-government-
licence/). For information about the OGL and about re-using Crown Copyright information
please see The National Archives website at
http://www.nationalarchives.gov.uk/information-management/uk-gov-licensing-
framework.htm
Copyright in other documents may rest with a third party. For information about obtaining
permission from a third party, see the Intellectual Property Office’s website at
www.ipo.gov.uk
Complaints If you are unhappy with the way in which your request for information has been handled,
about the decision not to disclose all or part of the information requested and/or that the
DVLA has not complied with its FOI publication scheme, you have the right to complain
within two calendar months of the date of this letter. You may complain by writing to the
Freedom of Information Team, DSPG/FOI, D16, DVLA, Swansea, SA6 7JL or e-mail
xxx@xxxx.xxx.xxx.xx.
Your complaint will be acknowledged and you will be advised of a date by which you
should have received a response. Initially, your complaint will be re-considered by the
official who dealt with your request for information. If, after careful consideration, that
person decides that his/her decision was correct, your complaint will automatically be
referred to an independent official who will conduct a further review (an Internal Review).
You will be advised of the outcome of your complaint and if a decision is taken to disclose
information originally withheld this will be done as soon as possible.
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 by writing to the Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Page 3 of 3