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Licences could be checked without drivers’ consent

Friday, August 15, 20140 comments



Licences could be checked without drivers’ consent 

The DVLA may no longer need a driver’s explicit consent to lawfully share their personal data with employers to establish whether they are entitled to drive.

Currently, to meet the requirements of the Data Protection Act (DPA) 1998, the information the Government agency holds can be disclosed only with a driver’s permission.

Consent is valid for up to three years and, in most cases, is recorded on a paper mandate for audit purposes.
However, in giving an update on a new, free online licence-checking service for fleets called Share My Driving Record (SMDR), the DVLA suggests it could rely on another section of the law to avoid the requirement for an employee’s explicit consent.

Employers would just need to inform drivers that they intended to request their personal data from the DVLA. They may still be required to demonstrate that it was accessed for a legitimate purpose.

Julie Jenner, ACFO director, said: “This will, I’m sure, be welcomed by a fleet manager from an administration viewpoint. Employers already hold personal details of employees, such as bank account details, and the principle is similar.”
The DPA controls how an individual’s personal data is used by organisations, businesses or the Government. Everyone who is responsible for using data has to follow strict rules called ‘data protection principles’.
http://www.fleetnews.co.uk/news/2014/8/15/licences-could-be-checked-without-drivers-consent/53260/ 
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