D2203 Procedure - Access to DVLA Driving Licence Data
Number: D2203
Date Published: 13 April 2021
Version 4 – April 2021
1.0 Summary of Changes
This procedure has undergone its 2-yearly review. The only amendments made have been changing the owner details and adding a link to the new EIA.
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
- EIA – March 2021
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