GDPR and driving licence checks
Discussion
I need to check the driving licence details for our company car and van drivers. There aren't many so I plan to ask each of them to generate a check code which I can use to access their driving licence details on line. Can I rely on 'Legal obligation' (H&S at Work) as my legal basis for processing, or do I need to get their consent? I've found a DVLA form D906 "Driving licence information fair processing declaration" but this seems to be for postal requests.
toddler said:
I need to check the driving licence details for our company car and van drivers. There aren't many so I plan to ask each of them to generate a check code which I can use to access their driving licence details on line. Can I rely on 'Legal obligation' (H&S at Work) as my legal basis for processing, or do I need to get their consent? I've found a DVLA form D906 "Driving licence information fair processing declaration" but this seems to be for postal requests.
Instead of the code why not just ask them to print out a copy of their licence entitlements which also shows endorsements?shep1001 said:
toddler said:
I need to check the driving licence details for our company car and van drivers. There aren't many so I plan to ask each of them to generate a check code which I can use to access their driving licence details on line. Can I rely on 'Legal obligation' (H&S at Work) as my legal basis for processing, or do I need to get their consent? I've found a DVLA form D906 "Driving licence information fair processing declaration" but this seems to be for postal requests.
Instead of the code why not just ask them to print out a copy of their licence entitlements which also shows endorsements?toddler said:
shep1001 said:
toddler said:
I need to check the driving licence details for our company car and van drivers. There aren't many so I plan to ask each of them to generate a check code which I can use to access their driving licence details on line. Can I rely on 'Legal obligation' (H&S at Work) as my legal basis for processing, or do I need to get their consent? I've found a DVLA form D906 "Driving licence information fair processing declaration" but this seems to be for postal requests.
Instead of the code why not just ask them to print out a copy of their licence entitlements which also shows endorsements?phil-sti said:
toddler said:
shep1001 said:
toddler said:
I need to check the driving licence details for our company car and van drivers. There aren't many so I plan to ask each of them to generate a check code which I can use to access their driving licence details on line. Can I rely on 'Legal obligation' (H&S at Work) as my legal basis for processing, or do I need to get their consent? I've found a DVLA form D906 "Driving licence information fair processing declaration" but this seems to be for postal requests.
Instead of the code why not just ask them to print out a copy of their licence entitlements which also shows endorsements?Why do you need to check them?
Provided your check is demonstrably necessary, you need to make provision of the licence a term of their employment contract.
Then you separately justify the processing either by reference to Article 6.1c (compliance with a legal obligation) or 6.1f (legitimate interest) depending on whether you are legally required to do it, and can identify the relevant piece of legislation, or it's a requirement from a non-statutory regulator or someone like an insurer (although if you're legally required to carry the insurance and all insurers ask for the information, then it's 6.1c again).
In either case I'd be sure to deface any copy that you take of the licence - just write "Copy taken for compliance purposes by company xxx on date xx/xx/xx" on the copy somewhere that doesn't obscure whatever you need to evidence - in order to ensure that the copy can't be misused later, and don't retain the copy any longer than you need to.
What you can't do is ask for consent. Employees can't consent. The reason for building it into the employment contract is so that you can enforce it, and to demonstrate that it's a necessary condition of employment. You can therefore only do it for employees where the information is required for the stated purpose, not for all employees.
Provided your check is demonstrably necessary, you need to make provision of the licence a term of their employment contract.
Then you separately justify the processing either by reference to Article 6.1c (compliance with a legal obligation) or 6.1f (legitimate interest) depending on whether you are legally required to do it, and can identify the relevant piece of legislation, or it's a requirement from a non-statutory regulator or someone like an insurer (although if you're legally required to carry the insurance and all insurers ask for the information, then it's 6.1c again).
In either case I'd be sure to deface any copy that you take of the licence - just write "Copy taken for compliance purposes by company xxx on date xx/xx/xx" on the copy somewhere that doesn't obscure whatever you need to evidence - in order to ensure that the copy can't be misused later, and don't retain the copy any longer than you need to.
What you can't do is ask for consent. Employees can't consent. The reason for building it into the employment contract is so that you can enforce it, and to demonstrate that it's a necessary condition of employment. You can therefore only do it for employees where the information is required for the stated purpose, not for all employees.
964Cup said:
Why do you need to check them?
Provided your check is demonstrably necessary, you need to make provision of the licence a term of their employment contract.
Then you separately justify the processing either by reference to Article 6.1c (compliance with a legal obligation) or 6.1f (legitimate interest) depending on whether you are legally required to do it, and can identify the relevant piece of legislation, or it's a requirement from a non-statutory regulator or someone like an insurer (although if you're legally required to carry the insurance and all insurers ask for the information, then it's 6.1c again).
What you can't do is ask for consent. Employees can't consent. The reason for building it into the employment contract is so that you can enforce it, and to demonstrate that it's a necessary condition of employment. You can therefore only do it for employees where the information is required for the stated purpose, not for all employees.
I agree with this approach.Provided your check is demonstrably necessary, you need to make provision of the licence a term of their employment contract.
Then you separately justify the processing either by reference to Article 6.1c (compliance with a legal obligation) or 6.1f (legitimate interest) depending on whether you are legally required to do it, and can identify the relevant piece of legislation, or it's a requirement from a non-statutory regulator or someone like an insurer (although if you're legally required to carry the insurance and all insurers ask for the information, then it's 6.1c again).
What you can't do is ask for consent. Employees can't consent. The reason for building it into the employment contract is so that you can enforce it, and to demonstrate that it's a necessary condition of employment. You can therefore only do it for employees where the information is required for the stated purpose, not for all employees.
964Cup said:
Why do you need to check them?
Provided your check is demonstrably necessary, you need to make provision of the licence a term of their employment contract.
Then you separately justify the processing either by reference to Article 6.1c (compliance with a legal obligation) or 6.1f (legitimate interest) depending on whether you are legally required to do it, and can identify the relevant piece of legislation, or it's a requirement from a non-statutory regulator or someone like an insurer (although if you're legally required to carry the insurance and all insurers ask for the information, then it's 6.1c again).
In either case I'd be sure to deface any copy that you take of the licence - just write "Copy taken for compliance purposes by company xxx on date xx/xx/xx" on the copy somewhere that doesn't obscure whatever you need to evidence - in order to ensure that the copy can't be misused later, and don't retain the copy any longer than you need to.
What you can't do is ask for consent. Employees can't consent. The reason for building it into the employment contract is so that you can enforce it, and to demonstrate that it's a necessary condition of employment. You can therefore only do it for employees where the information is required for the stated purpose, not for all employees.
Thanks, definitely not consent then. My understanding is that we are required to check driving licences to meet our obligations under the Heath and Safety at Work Act so I'm going to go with 6,1c Legal Obligation.Provided your check is demonstrably necessary, you need to make provision of the licence a term of their employment contract.
Then you separately justify the processing either by reference to Article 6.1c (compliance with a legal obligation) or 6.1f (legitimate interest) depending on whether you are legally required to do it, and can identify the relevant piece of legislation, or it's a requirement from a non-statutory regulator or someone like an insurer (although if you're legally required to carry the insurance and all insurers ask for the information, then it's 6.1c again).
In either case I'd be sure to deface any copy that you take of the licence - just write "Copy taken for compliance purposes by company xxx on date xx/xx/xx" on the copy somewhere that doesn't obscure whatever you need to evidence - in order to ensure that the copy can't be misused later, and don't retain the copy any longer than you need to.
What you can't do is ask for consent. Employees can't consent. The reason for building it into the employment contract is so that you can enforce it, and to demonstrate that it's a necessary condition of employment. You can therefore only do it for employees where the information is required for the stated purpose, not for all employees.
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