The Driver and Vehicle Licensing Agency (DVLA) breached data protection laws in the way it passed on motorists’ personal details to private parking firms, the UK’s data watchdog has ruled. It could now potentially face compensation claims from motorists as a result, according to one expert.
The Information Commissioner’s Office (ICO) has decided the DVLA “was not using the correct lawful basis to disclose vehicle keeper information”, Guardian Money can reveal.
However, the Swansea-based government agency – which holds more than 49m driver records – has escaped enforcement action after the watchdog concluded the breach was “a technical infringement of the law”. It said the DVLA was still allowed to disclose people’s information to firms pursuing drivers for unpaid parking fines but that it needed to rely on another part of the legislation for doing this.
The ICO’s opinion – published on its website but not publicised – potentially brings some clarity to a long-running row concerning the way the DVLA shares driver information with third parties.
Parking firms pursuing motorists will often approach the DVLA to get hold of their addresses. Under the law, the organisation is permitted to disclose this information where there is “reasonable cause” to do so – for example, where it is requested for the purposes of recovering unpaid parking charges.
However, the ICO has over the years received a number of complaints from motorists angry about having their details passed on.
They include Paul Walton, who submitted his complaint after receiving a parking ticket from a firm that had requested his details from the DVLA.
“I complained to the DVLA because I thought it was the landowner that could sue under trespass laws, and therefore only
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