Dear Driver. Company Registration No Data Protection Licence No. Z Security No:

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From this document you will learn the answers to the following questions:

  • What is the name of the website that provides the data for driving licence verification?

  • How long is the probationary period for companies to apply for Approved Conditional Access?

  • What type of information is the Data Processor only able to process?

Transcription

1 Dear Driver Your employer has contracted us,, to carry out the verification of your driving licence, using our driving licence verification service, LICENCECHECK, with the relevant driving licence authority i.e. DVLA Driver and Vehicle Licensing Agency Web: DVA NI Driver & Vehicle Agency (Northern Ireland) Web: is the Data Processor in this relationship. We will only process your personal information and driving licence data on behalf of your employer or the company to whom you have given permission. No other third parties or companies may view, use or have access to your data. is not the Data Controller in this relationship because we do not and will not; further process your personal information or data obtained from the licence authority for our own requirements or for any other reason. has a contract agreement with DVLA and meets their stringent security requirements for providing this service to your employer or the company to whom you have given permission. Strict conditions within the contract prevent any party from using your personal data for any purpose other than verifying your driving licence information. In addition, also has full certification for ISO 27001:2013 (Information Security Management) standard. DVLA release of information to private companies or individuals The law allows the DVLA/DVA NI to release information to anyone who can prove they have 'reasonable cause' to have it. An applicant must abide by a set of strict conditions and pay an administration fee to receive the information. In addition, all companies who apply for Approved Conditional Access (ACA) status to allow them to request and receive data via a secure electronic link, must first serve a sixmonth probationary period submitting manual requests to the licence authority before any link may be established. The service operates according to clear terms of agreement, or Code of Conduct (CoCo) and details exactly; when requests may be made for information, how the information can be used and how it must be stored. DVLA s driver register Disclosure of driver information is more limited than vehicle information. However, the licence authority may share driver data with other government departments, public sector bodies and companies registered with the Information Commissionaire Office (ICO) who conform to the Data Protection Act, and who can demonstrate reasonable cause to have it. Our agreement specifically states the reason for requesting the data and its use.

2 If you drive on company business, this shows a demonstrable and relevant need for your employer or company for whom you drive, to obtain information regarding your driving licence data as held by the licence authority. This information is shared with them via a private and secure online portal service once you have granted your consent using an approved method. Data Subject Access request The Data Protection Act gives you the right to obtain information held about yourself from the DVLA records. For information on how to make a data subject access request please see the following link:- How to request information from DVLA records - Data Sharing Across the EU The European Car and Driver Licence Information System (EUCARIS) is an electronic system that facilitates the exchange of driver and vehicle information between participating countries. This enables EU registration authorities to check; the validity and authenticity of a driver licence presented for exchange and check that a vehicle presented for registration has not been scrapped or stolen in another Member State. DVLA has links with numerous other member states to ensure the authenticity of vehicles imported into the UK, or non-uk driver licences presented for exchange and vice versa. What to do if you suspect your details have been obtained unlawfully. If you think that your details have been obtained fraudulently or misused, you should write to Release of Information, Fee Paying Enquiries Section, DVLA, Swansea SA99 1AJ. You should give your full details and explain how the information has been misused. Licence authorities such as the DVLA will investigate all allegations of unlawful requests for information and where appropriate refer the matter to the Information Commissioner for prosecution if your personal information was obtained without your consent. Source: Some of this information contained within this document has been provided by DVLA.

3 Frequently Asked Questions 1 Why does my employer need to check my driving licence? Your employer has a Duty of Care under the Health & Safety Act to ensure you are entitled to drive the vehicle they have issued you with or that you are driving on company business. It is an offence for your company to allow you to drive a vehicle whilst unlicensed to do so. It may be a requirement of your company to check the driving licence of each person, at least once every 12 months, or more to meet the standards of the vehicle insurance policy or vocational entitlement. It is good working practice and assists your employer in managing road risk. 2 My company already has a copy of my driving licence. This may be the case but this is not regarded as an independent verification of the licence. Therefore your company are unable to establish if the licence presented is a true and accurate record of your licence record as held by the licence authority. Unfortunately, many people do drive without a licence or category to do so. 3 What personal details will my employer receive that they do not already know? Basically none, except for your driving licence information as held by the licence authority (excluding any medical history), but will include as a minimum your licence category entitlements, unspent convictions, penalty points and commencement and expiry dates subject to the data held by the relevant licence authority. 4 Is it the law that I must provide evidence of my driving licence to my employer? No, but without independent verification your employer is unable to check the validity of the licence you have presented and may wish to restrict your role to non-driving duties. It is the company s responsibility to ensure that you are licensed to drive the vehicle they have issued, hired or provided to you, or any other vehicle you may drive on company business. 5 The company has requested that I give written consent in a form approved by the DVLA or DVA NI in order to verify my driving licence. Can I refuse to give my consent and not sign it? Yes, your explicit consent is required as the Data Protection Act covers your personal details. The licence authority will require proof that you have given consent and it is at your sole discretion whether you provide consent or not. 6 Can my employer discipline me for not providing consent? No, as your information is personal to you and under current law, action cannot be taken if consent has not been given to release that information. However, without independent verification, your employer is unable to check

4 the validity of the licence you have presented and may wish to restrict your role to non-driving duties. 7 Why has my company never asked me for consent in this way before? Simply, the licence authorities did not offer an electronic verification facility until late Can the driving licence consent be included within my contract of employment? Not at present, as consent is currently voluntary and may be withdrawn at any time. It may also be construed that if inclusion was presented and you refused to give specific consent you may disadvantage yourself or feel compelled to provide consent under fear of losing out in some way. 9 If I provide consent how long, does consent last? Currently consent lasts for 3 years and therefore your company can request a check on your licence record as frequently as they deem necessary during that period unless you have withdrawn your consent. 10 When is my personal data transferred or sent to LICENCECHECK? Your personal data is transferred to LICENCECHECK at the time your data is input to the system. As is the Data Processor, this is a legal and acceptable way of populating a database to create a driver record, which in turn allows the creation of a driver mandate if required. 11 What happens once I have given consent for my licence record to be checked? On receipt of consent, the licence verification process will commence. 12 What happens to a paper consent form once I have signed it? According to the rules set by the ICO Data Commissionaire and/or Licence Authority, either your employer or must store any paper copy of your consent in a secure manner for a period of 6 years plus the remaining months of the current year. 13 Who has access to the driver record and results once obtained from the Licence Authority? Your company will nominate the person(s) who will have access to the driver record and results and must keep any paper records in a secure environment We also restrict the number of company personnel that have access to your paper or electronic records. We will either elect to keep any paper document or opt to take an electronic image, which will be archived for a further 3 years plus the remaining months of that year for audit purposes only. 14 How is my personal information stored? Your electronic data is stored on a dedicated computer device such as a Server, owned, hosted and maintained by

5 The database that holds your personal data is stored independently of the customer portal site that your employer uses to access your information. The connection between these devices uses encryption technology, firewall and virus protection. Your data is only accessible by a limited number of individuals nominated by your company, who have a unique user name and password to access LICENCECHECK system. Each person registered on the system must agree to a security statement and disclaimer every time they access the database as shown below. Example;

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