Brighton and Hove Council Banned from using DVLA databae.

The request was successful.

Dear Brighton and Hove City Council,

I have been referred to this news story published by the BBC
http://www.bbc.co.uk/news/uk-politics-20...

Which states that Brighton and Hove Council have been permanently banned by the Driver Vehicle and Licensing Agency (DVLA) from accessing their database.

Further it suggests that this ban is due to misuse of the database by the council.

I would like full information on the charges made against the council, what the council offered as a defence/excuse, and what disciplinary action was taken against council employees etc involved in said abuse.

Yours faithfully,

Paul Perrin

Freedom Of Information, Brighton and Hove City Council

Thank you for your request for information and I confirm we shall respond no later than 8 January 2012.

Wendy Kassamani
Information Compliance Officer
Tel: 01273 296636

show quoted sections

Wendy Kassamani, Brighton and Hove City Council

 

 

Regarding your request for information  under the Freedom of Information
Act 2000:  Ref:  foi/1111/12

 

“I have been referred to this news story published by the BBC

     [1]http://www.bbc.co.uk/news/uk-politics-20...

    

Which states that Brighton and Hove Council have been permanently

     banned by the Driver Vehicle and Licensing Agency (DVLA) from

     accessing their database.

    

     Further it suggests that this ban is due to misuse of the database

     by the council.

    

     I would like full information on the charges made against the

     council, what the council offered as a defence/excuse, and what

     disciplinary action was taken against council employees etc

     involved in said abuse.”

    

 

Please find set out below the information in response to the above
request:

 

“Brighton & Hove City Council has not been permanently banned by the DVLA
from accessing their database and we have always complied with data
processing requirements.

 

The council has a number of links to DVLA, from various departments and
makes daily enquiries for a range of services.

If a particular link is no longer required it will be closed down and this
is what has happened in this case.

 

Our parking contractor has its own link to the DVLA which is regularly
used for making inquiries on our behalf relating to parking matters.

 

No charges have been made against the council about this matter. We would
suggest that you take up the matter of the accuracy of the report with the
BBC.”

 

 

Should you have any queries concerning this request please contact me,
remembering to quote the reference number shown above.

 

If you are not satisfied how your request has been handled, you can
appeal. Please write to:

 

Freedom of Information Appeals

Brighton & Hove City Council

ICT Room lst Floor

Hove Town Hall

Norton Road

Hove BN3 4AH

[2][email address]

 

If you are still not satisfied after your complaint has been investigated,
you can escalate your complaint to the Information Commissioners Office. 
The contact details are:

The Information Commissioners Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Telephone number: 01625 545745

e-mail: [3][email address]

Website: [4]www.dataprotection.gov.uk

 

If you have any queries regarding this process, please contact me via the
contact details below.

 

 

Wendy Kassamani

Information Compliance Officer

Brighton & Hove City Council

Hove Town Hall

Norton Road

Hove, BN3 4AH

[5][email address]

 

 

Re-use of Public Sector Information and Copyright Statement

Where information has been supplied, you are advised that the copyright in
that material is owned by Brighton & Hove City Council and/or its
contractor(s) unless otherwise stated.  The supply of documents under the
Freedom of Information Act does not give the recipient an automatic right
to re-use those documents in a way that would infringe copyright, for
example, by making multiple copies, publishing and issuing copies to the
public.

Brief extracts of the material can be reproduced under the “fair dealing”
provisions of the Copyright Design and Patents Act 1998 (S.29 and S.30)
for the purposes of research for non-commercial purposes, private study,
criticism, review and news reporting.

 

Authorisation to re-use copyright material not owned by Brighton & Hove
City Council and/or its contractor(s) should be sought from the copyright
holders concerned. If you are considering re-using the information
disclosed to you through this request, for any purpose outside of what
could be considered for personal use, then you are required under the
Public Sector Re-use of Information Regulations 2005 to make an
Application for Re-use to the organisation from which you have requested
the information.  Applications for Re-Use should be directed to Mr Paul
O’Neill at the address above.

 

 

 

 

 

Notice to recipient:
The information contained in this electronic mail message is intended only
for the use of the individual to whom it is addressed
and may contain information which is privileged and confidential, the
disclosure of which is prohibited by law.
If the reader of this message is not the intended recipient, please note
that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.

You can visit our website at http://www.brighton-hove.gov.uk

Please consider the environment, only print out this email if absolutely
necessary.

Please Note:  Both incoming and outgoing Emails may be monitored and/or
recorded in line with current legislation.

References

Visible links
1. http://www.bbc.co.uk/news/uk-politics-20...
http://www.bbc.co.uk/news/uk-politics-20...
2. mailto:[email address]
3. mailto:[email address]
mailto:[email address]
4. http://www.dataprotection.gov.uk/
http://www.dataprotection.gov.uk/
5. mailto:[email address]

Paul Perrin left an annotation ()

Odd...

So I am asking DVLA what they did actually say to the BBC.

http://www.whatdotheyknow.com/request/in...

Dear Wendy Kassamani,

I have been in contact with the DVLA, and they inform me that:

- Brighton and Hove did have a link suspended from the DVLA database.

- That Brighton and Hove were sent auditors letter by DVLA specifying remedial action required to have the link reinstated.

- That Brighton and Hove failed to respond to the auditors letter so the link was permanently disconnected.

This does not match the Councils response to my initial request.

Can the Council confirm that they stand by their version of events, and that DVLA have misinformed me?

Yours sincerely,

Paul Perrin

Wendy Kassamani, Brighton and Hove City Council

Your email has been passed to the department concerned and we will respond as soon as possible.

Wendy Kassamani
Information Compliance Officer
Brighton & Hove City Council
Tel: 01273 296636

show quoted sections

Wendy Kassamani, Brighton and Hove City Council

 

 

Regarding your request for information  under the Freedom of Information
Act 2000:  Ref:  foi/1111/12

 

 

Please find set out below the information in response to the above
request:

 

We apologise for confusion about the DVLA database link.  Our Parking
section responded to your initial Freedom Of Information request and the
information that they gave was accurate.  However, as a result of your
follow-up query, other sections in the council have been contacted on this
matter.

The council can therefore respond as follows:

 

“I have been in contact with the DVLA, and they inform me that:

    

     - Brighton and Hove did have a link suspended from the DVLA database.

     The Highway Enforcement team also had a DVLA link, in order to carry
out legitimate searches on vehicles reported as abandoned. 

 

     - That Brighton and Hove were sent auditors letter by DVLA specifying
remedial action required to have the link reinstated.

 

     When the link was audited, there were some measures that were
required, particularly around data security (including ICT security on the
stand alone computer and storage of retrieved data) that necessitated
suspension of the link until resolved.    The DVLA temporally suspended
the service whilst we made improvements. Although we improved our data
storage ICT were unable to guarantee the security of the stand alone PC.

 

 

     - That Brighton and Hove failed to respond to the auditors letter so
the link was permanently disconnected.

 

     Brighton & Hove made the decision that the link was no longer
necessary, having become part of Operation Crackdown, a pan-Sussex
police-led initiative for dealing with abandoned vehicles. The DVLA was
informed and has continued to be notified on a regular basis that we do
not require the link.  See attached e-mails.

 

     This does not match the Councils response to my initial request.

    

     Can the Council confirm that they stand by their version of events,

     and that DVLA have misinformed me?"

 

See above for response

 

 

Should you have any queries concerning this request please contact me,
remembering to quote the reference number shown above.

 

If you are not satisfied how your request has been handled, you can
appeal. Please write to:

 

Freedom of Information Appeals

Brighton & Hove City Council

ICT Room lst Floor

Hove Town Hall

Norton Road

Hove BN3 4AH

[1][email address]

 

If you are still not satisfied after your complaint has been investigated,
you can escalate your complaint to the Information Commissioners Office. 
The contact details are:

The Information Commissioners Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Telephone number: 01625 545745

e-mail: [2][email address]

Website: [3]www.dataprotection.gov.uk

 

If you have any queries regarding this process, please contact me via the
contact details below.

 

 

Wendy Kassamani

Information Compliance Officer

Brighton & Hove City Council

Hove Town Hall

Norton Road

Hove, BN3 4AH

[4][email address]

 

 

Re-use of Public Sector Information and Copyright Statement

Where information has been supplied, you are advised that the copyright in
that material is owned by Brighton & Hove City Council and/or its
contractor(s) unless otherwise stated.  The supply of documents under the
Freedom of Information Act does not give the recipient an automatic right
to re-use those documents in a way that would infringe copyright, for
example, by making multiple copies, publishing and issuing copies to the
public.

Brief extracts of the material can be reproduced under the “fair dealing”
provisions of the Copyright Design and Patents Act 1998 (S.29 and S.30)
for the purposes of research for non-commercial purposes, private study,
criticism, review and news reporting.

 

Authorisation to re-use copyright material not owned by Brighton & Hove
City Council and/or its contractor(s) should be sought from the copyright
holders concerned. If you are considering re-using the information
disclosed to you through this request, for any purpose outside of what
could be considered for personal use, then you are required under the
Public Sector Re-use of Information Regulations 2005 to make an
Application for Re-use to the organisation from which you have requested
the information.  Applications for Re-Use should be directed to Mr Paul
O’Neill at the address above.

 

 

 

 

 

Notice to recipient:
The information contained in this electronic mail message is intended only
for the use of the individual to whom it is addressed
and may contain information which is privileged and confidential, the
disclosure of which is prohibited by law.
If the reader of this message is not the intended recipient, please note
that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.

You can visit our website at http://www.brighton-hove.gov.uk

Please consider the environment, only print out this email if absolutely
necessary.

Please Note:  Both incoming and outgoing Emails may be monitored and/or
recorded in line with current legislation.

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
mailto:[email address]
3. http://www.dataprotection.gov.uk/
http://www.dataprotection.gov.uk/
4. mailto:[email address]

Dear Wendy Kassamani,

The original response says:

"The council has a number of links to DVLA, from various departments and makes daily enquiries for a range of services."

So I find it quite unacceptable that information was only requested of one department, and so I received an incomplete response.

I do not expect further action at this time, but in future will take into account that the councils handling of FoI requests cannot be properly relied upon, and will treat responses accordingly.

Yours sincerely,

Paul Perrin

Peter Bode, Brighton and Hove City Council

Dear Mr Perrin.

 

I have been informed that you are dissatisfied with the Council’s initial
response against FOI request 1111/12. 

 

Please allow me to apologise on behalf of the Council for our less than
fulsome response, which was the result of a genuine misunderstanding as to
the scope of your inquiry. 

 

The council takes its obligations under Freedom of Information seriously
and regrets that accurate information was not conveyed on this occasion.

 

Should you wish to discuss the matter, please feel free to contact me.

 

Kind regards

 

Peter

 

Peter Bode

Records Manager

Brighton & Hove City Council

Ph: 01273 296634

[1][email address]

show quoted sections

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