Is the DVLA’s Disclosure of Vehicle Keeper Details Legal?
If you’ve ever received a fine from a private parking company, you may have wondered whether it is legal for the DVLA to have shared your data with the parking company.
In June 2022 the Information Commissioners Office (ICO) issued a statement after the DVLA had sought clarification regarding the correct lawful basis for sharing the personal data of vehicle keepers under Article 6(1) of the UK GDPR. The DVLA had been relying on legal obligation as their lawful basis to process this data, based on Regulation 27(1)(e) of the Road Vehicle (Registration and Licensing) Regulations 2002 which allows the DVLA to release keeper information to anyone who can demonstrate reasonable cause for wanting this information.
The ICO concluded that the DVLA’s correct lawful basis is public task, not legal obligation because Regulation 27(1)(e) provides the DVLA with a power, rather than a legal duty, to disclose vehicle keeper information to car park management companies in these circumstances and that they therefore have reasonable cause to request keeper information from the DVLA in these circumstances, and that the DVLA are required to provide it.
The DVLA can therefore share keeper data with private car parking companies for the purpose of enforcing parking regulations and so it is advisable for people to always ensure they park their vehicles in accordance with regulations in order to avoid incurring any such fines.