ICO gives privacy guidance for motorists

People's concerns about when the Driver and Vehicle Licensing Agency (DVLA) can give out drivers' personal details have been addressed by the Information Commissioner's Office (ICO).

Following a number of phone calls from members of the public asking if the Government agency had the right to divulge personal information, the privacy watchdog has published details about the procedures by which the DVLA must abide.

The DVLA keeps a register containing information of all vehicles licensed for use on the road, which includes the name and address of the registered keeper of each vehicle.

The guidance explains that under the Data Protection Act 1998, the DVLA does not have to ask for permission from a driver to release this information. But the ICO points out the requesting party must prove it has ‘reasonable cause’ to obtain this information; such as if the information was withheld, it would be likely to stop or delay preventing or detecting crime or prosecuting offenders.

Phil Jones, Assistant Commissioner at the ICO, said: “The DVLA passes on information from its register to third parties for a variety of legitimate reasons.

"However, the person or organisation requesting the information must always provide evidence to the DVLA which shows why their request is reasonable. It is an offence under the Data Protection Act to unlawfully obtain information, for example by misleading the DVLA as to why the information is required."

Cases referred to the DVLA typically include requests for information so police can identify vehicles on the road to help prevent and detect crime, to improve road safety, to ensure that vehicles are properly taxed, or for insurance companies investigating suspected insurance fraud.

Companies which ask for information must always provide details of their business activities. This deters people from pretending to have a reasonable business cause such as recovering money owed for petrol when in fact they want the keeper’s name and address for another purpose.

Companies requesting information to enforce parking fees must also provide evidence to show that a parking charge scheme actually exists and that drivers are made aware that the scheme is in force.

If a member of the public is concerned about a company or disputes the reason why information about them has been released, the ICO said they should first contact the DVLA for clarification. If the person is not satisfied with the answer then they can contact the ICO.