The DVLA is still letting visitors to its website find out if their neighbours are claiming certain disability benefits, in spite of assuring the Information Commissioner’s Office (ICO) that it is no longer doing so after the ICO held that “releasing this information unnecessarily reveals the personal circumstances of individuals using their vehicle”. The DVLA vehicle check service is now receiving over 1.5 million visitors a month.
At the beginning of July we warned readers that a new vehicle check service on the DVLA website allows visitors to find out whether their neighbours, friends or relatives are receiving the higher rate of the mobility component of disability living allowance (DLA) or either rate of the mobility component of personal independence payment (PIP).
We argued that disclosing this information was a breach of the data protection laws. Initially, DVLA denied that this was the case.
However, after multiple complaints to DVLA and the ICO by Benefits and Work readers it seems that DVLA have now quietly made changes to their site. Unfortunately, we have been contacted by several members already to say that the changes have made no difference.
It appears that the tax class category has now been removed from the DVLA look-up service.
But at the top of the screen there is an entry entitled:
Vehicle excise duty rate for the vehicle.
For people in the disabled tax class this, we understand that this states:
12 month rate: £0.00
There are only very specific circumstances, other than disability, where £0.00 is charged for vehicle tax. Primarily these are that a vehicle has very low emissions and so is in tax Band A or it is in one of a very limited number of other exempt classes, such as classic cars or agricultural vehicles.
So, unless a disabled person’s car is very new or looks like a classic car or a tractor, it will still be possible to learn the disabled status of the keeper, or the person for whom the car is solely used, just from the information that the vehicle attracts £0.00 tax.
In other words, personal data about the keeper or user of the vehicle rather than the tax band of the vehicle itself is still being displayed.
We contacted DVLA about this and a spokesperson told us that:
“ We have been speaking to the ICO as part of our regular discussions we have with them.”
They went on to say that:
“Our Vehicle Enquiry Service is a simple and effective way for customers to check online what information we hold about a vehicle. It is proving very popular with more than 1.5 million visits every month. The service does not provide any personal information but displays details about a vehicle such as colour, engine size and when the tax is due.
“The service is currently being tested with the public. Having listened to feedback about vehicles in the disabled tax class, we have temporarily removed the tax class from the service and are currently considering alternatives.”
We contacted the ICO and told them of members’ continued concerns. We also asked them whether the changes to the DVLA site were agreed with their office and when their report into the was issue is due to be published. The ICO initially told us:
“We understood the DVLA have responded to our data protection concerns and were going to stop releasing tax information through the vehicle enquiry service. We have been clear from the start, that releasing this information unnecessarily reveals the personal circumstances of individuals using their vehicle. In many cases, these would be circumstances that the individual would not routinely choose to disclose and so this change is to be welcomed.
“We are still in contact with the DVLA on the subject.
“There isn’t a report into this issue.”
We then pointed out that the ICO had refused to accept further complaints from a number of our readers in July, on the grounds that they were already looking into the matter and instructed our readers to check the ICO website for updates. The ICO then responded:
“We raised concerns with the DVLA that their new online vehicle enquiry service could reveal personal information relating to an individual using the vehicle. We are pleased the DVLA has responded and has removed the tax class from the service. We will look into any concerns that the current information still unnecessarily reveals personal information.”
“We are currently not planning a statement as we are still in discussions with the DVLA.”
Readers who are concerned that their personal data is still being made available in this way may want to contact DVLA and the information commissioner’s office and insist that this matter is looked into again immediately.
Comments
Kind regards,
Jim Allison, former moderator for B & W. Qualified Welfare Rights Specialist & DLA Tribunal Member (retired)
I agree with the other poster, does it really matter what your neighbours think? At the moment they can just have a look at your tax disc anyway.
I've used the tool a few times now to find out details of that car that past me so quickly was, I only need engine size and CO2 then off to Parkers website to work out which model it was.
I then add it to my list of "I must drive/own that car in the future"
I look like I walk normally but I have severe arthritis in my spine, I walk straight as that's the correct posture to have, walking with a stick makes my condition worse and so I walk slowly but properly. I've had my Blue Badge since I was 26, I'm 34 now but still probably look too young for your eyes!
It's not just the elderly who need Blue Badges and the parking that goes with them.
If you ever questioned me then I would politely ask you to get lost, none of your business is it?
It's also not worth being killed like that poor bloke a few years ago, just get over it and stop moaning, perhaps you could start educating yourself on the different types of disabilities, use your time to do voluntary work, etc.
Jim Allison (former moderator, Social Security Tribunal Member & retiredWelfare Rights Lawyer, but still active in the welfare rights field.
In my opinion as a retired welfare rights lawyer, yes.
However, I still cannot understand why the ICO are refusing to provide me with a copy of what the ICO & DVLA have discussed thus far.
Jim
Just as a postcript - please have a look at this one!
I personally think that this Tory 'Charities Minister' should resign over his ill-considered remarks!!
www.talktalk.co.uk/.../142197
Yet another disgraceful situation it seems!
1) Why has not the Information Commissioner been able to act on this? - If you or me entered into an agreement not to divulge individual person's details (under the Data Protection Act), then we would be held to account very quickly under the law of the land!
2) Jim Allison rightly used the FOI laws to request that information was made available to the general public - but it seems that the ICO's office has refused to answer his legitimate query under the excuse that 'discussions are still ongoing'
I would have thought that under British Law as it stands, the DVLA would probably have been forced to temporarily suspend divulging any other information or date to the General Public until such a time as this particular matter with the Information Commissioner's Office is finally settled - one way or the other.
After all, it is your's and mine and anyone else's data for that matter that is ultimately on the line and is available to any 'Tom, Dick or Harry' (or their wives or aquaintances etc, etc to have a look at, at their discretion and convenience, for whatever purpose)
As usual it seems, the Government Offices come first, the General Public come second - and the DLA benefit claimants come last!
Well, - there's another surprise!
outcome of their discussions with the DVLA. The ICO refused to provide the information requested. It appears that the discussions are still ongoing, but that wasn't a sufficient reason to refuse my FOI request.