DVLA accuse local authorities of misuing their data.....they barred 150 Local authorities last year !!!

[tomtubby]

LOCAL authorities are being suspended, and in some cases permanently barred, from accessing the information held on vehicles and drivers at the Driver and Vehicle Licensing Agency (DVLA), because of constant abuses of the system and flagrant mis-use of data, in complete contradiction to DVLA’s own rules and those of the Data Protection Act.

 

ON 14th May at the Local Authority Civil Enforcement Forum (LACEF)annual conference in Leicester Mr Mike Butler; DVLA Data Sharing Manager gave a speech about the local authorities and their request to DVLA for keeper records. Mr Butler stated the following:

 

“More than 150 councils have been barred at some stage because they have breached motorists’ privacy.We have been warning councils over unlawful spying using anti-terror legislation.”

 

He reiterated the basic rules for local authorities:

 

They can only access DVLA data if it is linked to the offence (usually parking).

 

There must be hard evidence – not a suspicion of wrong-doing.

 

Local authorities must already have the registration number of the vehicle – they cannot ‘fish’ the DVLA records.

 

Local authorities must have a proper audit trail in place.

 

Correct storage and retention of data is important.

 

 

 

 

Mr Butler explained: “With enquiries from local authorities, we experience some serious and some more commonly occurring issues.” These include:

• 
  
  • Unable to evidence validity of enquiry
    
  • Incomplete or no audit trail
    
  • Gathering information for intelligence purposes
    
  • Personal data retained from erroneous enquiries
    
  • Altering date of event to obtain keeper details
    
  • Unauthorised enquiries made through intermediary
    
  • Absence of a data retention policy
    
  • Making enquiries without reasonable cause to information
    
  • Files containing personal data not adequately secured.
    

[tomtubby]

Bailiffs and local authorities routinely access DVLA records in relation to unpaid parking charge notices. In addition, when a bailiff levies upon a car when enforcing a Liability Order the DVLA records will be accessed by the bailiff company.

[ploddertom]

I think it should also be copied to the Local Authority Parking Forum.

[ploddertom]

Does this still mean Shercar are suspended I wonder?

[tomtubby]

Good question about Shercar.....letter being drafted right now to DVLA. Thanks for reminding me...

[citizenB]

Have copied to Local Authority forums as well.

[MaisyMouse]

Why would a local authority need to harvest data held by the DVLA if the registered keeper has already responded to a PCN. There should be no requirement for paying out to access records before sending out the Notice to owner.

[green_and_mean]

Why would a local authority need to harvest data held by the DVLA if the registered keeper has already responded to a PCN. There should be no requirement for paying out to access records before sending out the Notice to owner.

 

 

Because the keeper doesn't always get the PCN!

 

The DVLA story is from ages ago and not exactly exciting most suspensions lasted 2-3 days and were down to contractual or administrative errors. The fact that the DVLA audit system highlighted the issues shows the system does actually work, if not they would not have suspended anyone.

[MaisyMouse]

Because the keeper doesn't always get the PCN!

 

If they have replied to a PCN then there is a good chance they have received it.

 

Surely the local authorities should be appearing responsible, and only applying to the DVLA in cases where there is no appareent detail of the registered keeper, which would reduce the amount billed to the tax paying constituents.

[green_and_mean]

If they have replied to a PCN then there is a good chance they have received it.

 

Surely the local authorities should be appearing responsible, and only applying to the DVLA in cases where there is no appareent detail of the registered keeper, which would reduce the amount billed to the tax paying constituents.

 

You seem to have totally missed the point!! Anyone can receive a PCN even if they do not own a car, therefore anyone that receives a PCN can make a challenge, however here's the point that seems to have gone over your head.....it is the owner that is liable. The council do not know who the owner is without contacting the DVLA and they have a legal duty to serve a notice to owner on the OWNER not the driver or anyone that cares to challenge a PCN.

[borisbeaver]

I thought Shercar was a horse.

[ploddertom]

I thought Shercar was a horse.

 

And we all know what happened to him I wonder if this one will go the same way!