10. Data Protection Act
Guidance on following the Data Protection Act rules for driving examiners who carry out instructor tests and checks.
The implications of breaching the Data Protection Act are serious. Individuals are responsible personally for information they give out and are liable to be prosecuted if they are found to have disclosed information inappropriately. Legislation does not hold the Agency responsible under these circumstances.
We have made great efforts over the last decade to allow examiners to conduct tests in a more customer friendly manner and the Data Protection Act must not be used as an excuse to return to a less customer focused approach. Information is still freely available through the correct channels to the correct people.
Examiners must always ask the potential driving instructor (PDI) or approved driving instructor (ADI) whether they want their trainer present for the de-brief at the end of the test (part 2 and part 3). If the PDI/ADI refuses, or the trainer is not present at the de-brief, examiners must direct the trainer’s enquiries about their trainee’s performance back to the PDI/ADI in all cases, although it would be helpful to remind the trainer of the process should they want to be present for the profiling. Even if the PDI/ADI has asked for their trainer to be present during the test, examiners must still ask the trainee if they want the trainer to remain in the vehicle for the de-brief. Examiners must not discuss previous tests with trainers.
In the event of a complaint being received, examiners must not assume that trainers are aware of the PDI/ADIs complaint – merely telling a trainer that a customer has complained is a breach of the Data Protection Act. Examiners must discuss customer complaints with trainers.
No information regarding test or standards check performance may be discussed with a third party (including a parent or spouse) without the written permission of the person concerned.
Information must only be given to PDI/ADIs who ask for it over the telephone if they are able to quote one of their unique reference numbers (either a driver number or personal reference number). Information must not be given to any person not able to quote any of these. But even on quoting a unique reference number, care must be taken only to confirm details the caller already knows. If new information is requested, the caller should be asked to put the request in writing.
From a customer
If a customer writes requesting information about a particular test of their own, we must supply that information. We do not make a charge to supply this information (such as a test report, for example) unless they ask to see all the information that we hold on them throughout the Agency. This would be classed as a subject access request; they should submit a written request to DVSA Information Assurance Team accompanied by the relevant fee.
If a third party writes on the customer’s behalf, we cannot deal with the enquiry or complaint without the written permission of the candidate. The letter must be returned to the writer with the relevant pro-forma.
Examiners should refer to chapter 9 of the DT1 for more detailed information. All queries about data protection issues should be addressed to the relevant department within DVSA.
The implications of breaching the Data Protection Act are serious. Individuals are responsible personally for information they give out and are liable to be prosecuted if they are found to have disclosed information inappropriately. Legislation does not hold the Agency responsible under these circumstances.