Insurers and the RoO Act

[zumbruk]

When are speeding offences "spent" for the purposes of the Rehabilitation of Offenders Act and insurance proposal forms? My latest renewal asks for details of any offence *ever*, which the Act specifically allows me to ignore if the offence is spent.

Also, my (one and only, elderly (8 years ago)) speeding offence was already on the form the brokers sent, so they presumably got it from the insurance database. Can I get that removed, and if so, how?

[_dobbo_]

[redacted]

[mmm-five]

Surely this would be the same for most employers as well then? They can ask if you have any criminal record, but if the offences are spent you do not have to mention them - even if the contract of employment has a clause that failing to mention something could jeopardise you job.

If the conviction is spent, is there any way of proving that the conviction actually happened? How would someone prove that you had a conviction for something that is now spent and supposedly wiped from the record?

I've recently had a few motoring conviction removed from my licence and when the insurance company asks, I tell them. But when they ask the month/year, I cannot be certain as they are 4-5 years ago and not on my licence any more.

If my experience of insurance companies is anything to go by, they will tell you not to worry and just make up a date - until you make a claim when it becomes a huge issue that you gave them false dates

[zumbruk]

_dobbo_ said:

I would guess that the RoO act might not have any effect on insurers. If they ask, you have to tell, otherwise you are probably invalidating your insurance.

The Home Office guide to the Act specifically says "Spent motoring convictions are not required on a proposal form for motor insurance."

[zumbruk]

mmm-five said:

If the conviction is spent, is there any way of proving that the conviction actually happened?

Yes. Offences remain on the PNC even after they are spent.

[zumbruk]

I asked them to remove it from the form - we'll see what happens.

The guidance leaflet is at;

www.disclosure.gov.uk/docs/pdf/ROA%20Leaflet.pdf

[streaky]

zumbruk said:

[ ... ] Also, my (one and only, elderly (8 years ago)) speeding offence was already on the form the brokers sent, so they presumably got it from the insurance database. Can I get that removed, and if so, how?

Write to the broker, pointing out that as the offence was spent five years ago they should have removed it under the fourth Data Protection Principle - Personal data shall be accurate and, where necessary, kept up to date and more particularly under the fifth Data Protection Principle - Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. Make a Data Subject Access request of them (refuse to pay if they try it on, as you already have evidence of their failure to comply) for a complete copy of Personal Data they process about you - Streaky

[mojocvh]

streaky said:

zumbruk said: [ ... ] Also, my (one and only, elderly (8 years ago)) speeding offence was already on the form the brokers sent, so they presumably got it from the insurance database. Can I get that removed, and if so, how? Write to the broker, pointing out that as the offence was spent five years ago they should have removed it under the fourth Data Protection Principle - Personal data shall be accurate and, where necessary, kept up to date and more particularly under the fifth Data Protection Principle - Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. Make a Data Subject Access request of them (refuse to pay if they try it on, as you already have evidence of their failure to comply) for a complete copy of Personal Data they process about you - Streaky

With more and more "DATA" being compiled and held on all of us, that might come in handy some time, cheers streaky.....

MoJo.