GDPR and driving licence checks
GDPR and driving licence checks
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Discussion

toddler

Original Poster:

1,259 posts

266 months

Friday 8th June 2018
quotequote all
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.

shep1001

4,620 posts

219 months

Friday 8th June 2018
quotequote all
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

Original Poster:

1,259 posts

266 months

Friday 8th June 2018
quotequote all
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?
Not a bad idea, but whether they print it and give me it, or they give me a code and I print it myself, I still have the same question regards legal basis for processing - do I need consent?

phil-sti

2,981 posts

209 months

Friday 8th June 2018
quotequote all
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?
Not a bad idea, but whether they print it and give me it, or they give me a code and I print it myself, I still have the same question regards legal basis for processing - do I need consent?
isn't them giving you the check code them giving you the consent? I always though that was the point of the code.

toddler

Original Poster:

1,259 posts

266 months

Friday 8th June 2018
quotequote all
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?
Not a bad idea, but whether they print it and give me it, or they give me a code and I print it myself, I still have the same question regards legal basis for processing - do I need consent?
isn't them giving you the check code them giving you the consent? I always though that was the point of the code.
That was my first thought but then I started Googling it and there's lots of chat about "mandates" and D888 and D906 forms so not sure. Can't seem to find a definitive answer.

anonymous-user

84 months

Friday 8th June 2018
quotequote all
It depends why you need it. Legitimate interest and possibly contractual performance would be justifications, and possibly others.

Consent is usually a last port of call.

bitchstewie

68,060 posts

240 months

Friday 8th June 2018
quotequote all
I thought the view would be legitimate interest just the same as you most likely haven't asked your staff for consent to keep their bank details because without them they won't get paid?

964Cup

1,629 posts

267 months

Friday 8th June 2018
quotequote all
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.


Marcellus

7,204 posts

249 months

Friday 8th June 2018
quotequote all
Surely you can ask and explain why you need it, where you'll store it etc etc.

If then they give you a copy or an access code for you to store in their file that is explicit consent from the individual is it not?

Australiam

277 posts

159 months

Friday 8th June 2018
quotequote all
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.

toddler

Original Poster:

1,259 posts

266 months

Monday 11th June 2018
quotequote all
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.