Number: D2203
Date Published: 31 January 2019
Version 3 – January 2019

1.0 Summary of Changes

This procedure has been updated on its review as follows:

  • Within Section 4 the 9 protected EIA characteristic have been updated;
  • New paragraphs added within section 8 regarding data security and retention and disposal of records;
  • Owner and author details updated.

2.0 What this Procedure is about

This procedure provides details of the limitations provided in legislation which restricts access to the DVLA driving licence databases (both the PNC - #DL transaction as well as the DVLA portal –DVS) for operational purposes.

Nothing in this procedure precludes an application being made to the DVLA under the provisions of s 29 Data Protection Act 2018, which should be made using the specific DVLA form.

Compliance with this procedure and any governing policy is mandatory.

3.0 Detail the Procedure

Access to the PNC driver licence application (#DL) is limited by the Motor Vehicles (Access to Driver Licensing Records) Regulations 2001 (SI 2001 3343).

The above legislations places statutory restrictions on the ability of staff and officers in accessing drive licence data. An outline of Regulation 2 of the above statute is shown in Appendix A.

The DVLA Portal (DVS) provides real time access to the DVLA drivers licence database. The database provides similar information to the PNC #DL transaction but additionally provides a photographic image, an image of the licence holder’s signature and also a court acceptable ‘certified’ printout of the subject’s driving licence record.

The DVLA has placed similar restrictions on access to their data through the DVLA portal for enforcing ‘Road Traffic’ matters alone.

No access to either database must be made unless necessary for the purpose of establishing the legitimacy if a person driving a vehicle on a road or enforcing a breach of road traffic legislation. It must not be accessed for crime investigation, intelligence or other non-traffic related matters.

4.0 Equality Impact Assessment

This procedure has been assessed with regard to an Equality Impact Assessment. As a result of this assessment it has been graded as having a low potential impact as the proposals in this procedure would have no potential or actual differential impact on grounds of age, sex, disability, race, religion or belief, marriage and civil partnership, sexual orientation, gender reassignment and pregnancy and maternity.

5.0 Risk Assessment

Access to either database (PNC or DVLA) outside the terms of this procedure may render users subject to the appropriate legislation, may result in the Force being removed from having appropriate access and may make any evidence obtained inadmissible.

6.0 Consultation

The following have been consulted during the formulation of this document:

  • Unison
  • Federation
  • Health & Safety

7.0 Monitoring and Review

Auditing of all PNC transactions will be the responsibility of Information Management.

This procedure will be reviewed by the PNC Manager every two years to ensure that it remains accurate and compliant with legislation.

8.0 Governing Force policy. Related Force policies or related procedures

  • D 2200 Policy - PNC
  • W 1000 Policy – Information Management and Assurance
  • W 2011 Procedure – Transaction Monitoring and Audit

8.1 Data Security

Essex Police have measures in place to protect the security of your data in accordance with our Information Management Policy – W 1000 Policy – Information Management.

8.2 Retention & Disposal of Records

Essex Police will hold data in accordance with our Records Review, Retention & Disposal Policy – W 1012 Procedure/SOP - Records Review, Retention and Disposal.

We will only hold data for as long as necessary for the purposes for which we collected. Victims/public should be reminded that Essex Police take the protection of personal data seriously as described in the privacy notice.

9.0 Other source documents, e.g. legislation, Authorised Professional Practice (APP), Force forms, partnership agreements (if applicable)

  • PNC Manual
  • Motor Vehicles (Access to Driver Licensing Records) Regulations 2001 (SI 2001 3343)
  • Appendix A - Purposes for which access may be given
  • DVLA form