New Requirements for evidence of ‘reasonable cause’
(1) New detailed guidance on what is likely to constitute ‘reasonable cause’.
(2) Clarity that behaviour in using data will be considered in judging whether a particular applicant’s assertions as to the ‘reasonable cause’ for his application are to be believed; and in deciding upon whether approved conditional access is granted or maintained.
(3) For all applications where ‘reasonable cause’ relates to a vehicle left on land without permission or in breach of terms and conditions, evidence is required that the applicant is the landowner or has the permission of the landowner to pursue the vehicle keeper.
(4) For all applications where ‘reasonable cause’ relates to the pursuit of a penalty charge, evidence is required that a penalty scheme was indeed in place on that piece of land (that is, that there was signage).
New requirements for ‘approved conditional access’
(5) Those bodies and companies seeking approved conditional access that do not have an appropriate regulatory body are required to be current members of an ‘accredited’ trade association. Part of the process for ‘accrediting’ trade associations will include ensuring that there is a clear and enforced code of conduct (for example relating to conduct, parking charge signage, charge levels, appeals procedure, approval of ticket wording; and appropriate pursuit of penalties—that is, approach by letter only and county court action only to permit a house call).
(6) Organisations that do not comply with the terms of the accredited trade association will be expelled and without valid membership of another accredited trade association will lose their approved conditional access. Trade associations that do not police the conditions of membership adequately will lose their accreditation.
(7) All those seeking approved conditional access will be required to serve a ‘probationary’ period of six months or, if longer, for the period of time it takes to make 20 requests— during which all requests should be made on a case by case basis.
New Measures to ensure awareness of the vehicle keeper
(8) That all those who receive data, as evidence of their ‘reasonable behaviour’ and as a condition of ‘approved conditional access’, include in any correspondence with the keeper a leaflet or statement advising them of:
The ‘reasonable cause’ which formed the basis of the request;
the ‘complaints’ procedure by which a data subject can notify both DVLA and the Information Commissioner if they believe their data have been used inappropriately;
the appeals procedure (for the regulatory body) if they feel that, for example, a parking charge notice has been issued incorrectly.
And that this information is also placed on the DVLA website.
(9) That DVLA maintain on its web site a list of organisations and companies who have requested data and the reasons for their request.
(10) That a reference to the location on the DVLA website of guidance and advice and all other information relating to the release of vehicle keeper data are included on all DVLA documentation sent to the vehicle keeper—including the annual VED reminder.
New Auditing Procedures and action to combat misuse or complaints
(11) A rolling 3-year programme of audit check including targeted checks on those where concerns have been raised:
(12) A clear set of procedures where such concerns are raised:
An audit is triggered by complaints of substance representing a disproportionate level of granted requests or any complaint of a serious nature if following implementation of the audit recommendations a disproportionate level of complaints of substance are received an organisation with approved conditional access will be required to submit requests on a case by case basis; if it is already subject to request on a case by case basis it will be subject to additional scrutiny of each request it makes;
if a disproportionate level of further complaints of substance are received and a company is found to be consistently using data inappropriately or a serious complaint of abuse of the system by an applicant is substantiated then there is a distinct possibility that we will not believe the applicant to have reasonable cause upon a future request and, if so, data release would then be declined in that case.
New Complaints Procedures
(13) A clear procedure by which data subjects can notify DVLA if they feel that their data have been used inappropriately and take steps to draw this to the attention of vehicle keepers by including information in paperwork sent to them and on the DVLA website. This will include information of how they can notify the Information Commissioner of the misuse of their data.
(14) Complaints received will form part of the evaluation of whether an applicant’s assertion of ‘reasonable cause’ is valid.