That question is posed by a new consultation document from the
Department for Transport.
The rules governing access to the Driver and Vehicle Licensing
Agency’s (DVLA) and the Driver and Vehicle Licensing Northern
Ireland (DVLNI) vehicle registers are 40 years old. They did not
anticipate electronic databases or a range of third parties seeking
access.
At present, access to the vehicle registers is specifically
granted to the police, Customs and Excise and to local authorities
investigating an offence or civil parking contravention. But
information can also be given to persons who can show ‘reasonable
cause’. This includes the identification of abandoned vehicles,
safety recall exercises, the pursuit of a driver in order that a
civil action can be brought against him, or the tracing of company
assets.
Surprisingly, the Consultation document does not indicate the
number of 'reasonable cause' requests received per year; nor does
it indicate the number of such requests fulfilled. The last known
figures came in response to a Parliamentary Question in July
2004.
For the year 2003/04, the number of 'reasonable cause' enquiries
resulting in the disclosure of keeper details was 1,014,309. Most
of these came from insurance companies and finance houses in
respect of insurance claims and vehicle-related loan arrangements.
The remainder came from solicitors, car parking enforcement
companies and members of the public.
Access to the register on ‘reasonable cause’ is granted either
on a case-by-case basis or through approved conditional access.
Case-by-case requests are time consuming, requiring applicants
to provide details about themselves, the vehicle involved, the
reason for the request, details and evidence relating to the
incident and the intentions of the applicant upon obtaining the
data
Approved conditional access, on the other hand, is granted to
those who require DVLA data on a regular basis, and fulfil certain
conditions, such as making a commitment to only use the data for
the purpose for which it is requested. Local authorities, insurance
companies and car parking firms have been given this type of access
in the past.
But the Department for Transport is not sure whether it should
be relying on this ‘reasonable cause’ approach in today’s climate.
It is therefore seeking views on the types of organisations that
should have information from the register, and their reasons for
having it, how to manage access to the register and the audit
regime for those who are granted access.
Comments are sought by 31st March.
"We think it's very important to protect privacy and
confidentiality, and I understand why many people have serious
concerns about the kinds of organisations that receive information
from the vehicle register,” said Roads Minister Stephen Ladyman.
“The time is now right to look again at whether these rules are
right for today's circumstances."
He added: "We want a system that protects people from misuse of
their personal details, but that enables organisations and
individuals with a good reason to identify the keeper of a vehicle
to do so."
According to Dr. Chris Pounder of Pinsent Masons, the law firm
behind OUT-LAW.COM:
“The public discussion over tracing
disclosures from the DVLA is long overdue as the number of
'reasonable cause' disclosures from the DVLA is enormous – albeit
the figure was omitted from the Consultation document. From a
privacy perspective, the most important part of the paper is the
audit regime which permits a formal mechanism whereby those who are
affected by the disclosure can comment on the appropriateness of
that release.”
