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PostPosted: Mon Mar 09, 2020 4:40 pm 
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The company are updating their records and asking for vehicle and driver details, licences and insurance and bank details, plus they are also asking drivers to take in their DBS certificates as well, which i thought were only for the person and taxi Licencing eyes only, or is it a reasonable request?
Thanks.

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PostPosted: Mon Mar 09, 2020 6:37 pm 
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agabbycabbie wrote:
The company are updating their records and asking for vehicle and driver details, licences and insurance and bank details, plus they are also asking drivers to take in their DBS certificates as well, which i thought were only for the person and taxi Licencing eyes only, or is it a reasonable request?
Thanks.

I think it's reasonable.

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PostPosted: Mon Mar 09, 2020 7:33 pm 
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So on this,
In accordance with section 124 of the Police Act 1997, certificate information is only passed to those who are authorised to receive it in the course of their duties. We maintain a record of all those to whom certificates or certificate information has been revealed and it is a criminal offence to pass this information to anyone who is not entitled to receive it.
Would they be authorised to see the contents?
I would add I’ve only just come across this on the gov website.

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PostPosted: Mon Mar 09, 2020 10:02 pm 
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I would say it is a reasonable request for an operator, who is legally responsible for any job they pass on, to see a copy of a driver's DBS.

Of course the council have licensed a driver so an assumption that the driver is fit and proper to drive can be made, but some contracts/customers might want a higher standard of driver who is conviction free for longer than the council's normal requirement.

We also have to produce insurance documents to operators for our vehicles, despite the fact council's can't license without it.

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PostPosted: Tue Mar 10, 2020 4:48 pm 
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Looking at government guidelines https://www.gov.uk/government/publications/handling-of-dbs-certificate-information/handling-of-dbs-certificate-information doesn’t seem to agree that a third party has a right to ask for access to a drivers DBS certificate in section 2.4, it seems to mean that it is between taxi licensing and the driver only.

2.4 Usage
Certificate information is only used for the specific purpose for which it was requested and for which the applicant’s full consent has been given.

In this case it is only taxi licensing that can request a driver to apply for a dbs check, Toms taxis can’t so shouldn’t have access to this information.

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PostPosted: Tue Mar 10, 2020 7:53 pm 
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Quote:
has a right to ask for access to a drivers DBS certificate in section 2.4, it seems to mean that it is between taxi licensing and the driver only.

Not sure anyone is saying that the operators have a legal right to see the DBS, but they have every right to say we won't let you on our circuit unless we see your DBS.

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PostPosted: Wed Mar 11, 2020 1:20 am 
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Sussex wrote:
Quote:
has a right to ask for access to a drivers DBS certificate in section 2.4, it seems to mean that it is between taxi licensing and the driver only.

Not sure anyone is saying that the operators have a legal right to see the DBS, but they have every right to say we won't let you on our circuit unless we see your DBS.


Operator could ask and pay the required fee for the person to get a new DBS.


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PostPosted: Wed Mar 11, 2020 10:01 am 
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heathcote wrote:
Sussex wrote:
Quote:
has a right to ask for access to a drivers DBS certificate in section 2.4, it seems to mean that it is between taxi licensing and the driver only.

Not sure anyone is saying that the operators have a legal right to see the DBS, but they have every right to say we won't let you on our circuit unless we see your DBS.


Operator could ask and pay the required fee for the person to get a new DBS.

They are not authorised to do that, only taxi Licencing has the legal authority to request a driver to apply for a DBS check.
Even then the operator would have to have good grounds to ask the LA get a driver or drivers to apply for another DBS.

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PostPosted: Wed Mar 11, 2020 10:20 am 
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I have spoken to our LA about this matter, but seems that no one is available that can advise on this matter, another LA I spoke to wasn’t quite sure wether they had the legal right to do it.
So at the moment I could throw this one at the company.


Under GDPR, there are considerable restrictions on the processing of personal data relating to criminal convictions and offences (which is regarded as a separate category of personal data). The Data Protection Act 2018 includes provisions which will permit employers to process data relating to criminal records and convictions only if one of a list of conditions apply, for example if it is necessary for the purposes of performing or exercising employment law obligations or rights. Additionally, if an employer wishes to process this type of data, it must have a policy in place on the use, retention and erasure of the data, review and update the policy when necessary, and make the policy available for inspection by the Information Commissioner.

The correct storage of information from a Disclosure and Barring Service (DBS) certificate is important to comply with the Data Protection Act 2018 and GDPR.

Organisations using the checking service must comply with the DBS Code of Practice. The Code of Practice requires that the information revealed is considered only for the purpose for which it was obtained. It should be destroyed after a suitable period has passed — usually not more than six months.

And since they are processing and recording this DBS information in a room full of staff and other drivers, they could be in breach of the data protection act 2018 which is a lot stricter with heavier fines for breaches than the previous data protection act.

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PostPosted: Wed Mar 11, 2020 11:35 am 
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The base can swivel and lose your rent if they want

you have a badge, let that suffice

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PostPosted: Wed Mar 11, 2020 10:37 pm 
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Quote:
The correct storage of information from a Disclosure and Barring Service (DBS) certificate is important to comply with the Data Protection Act 2018 and GDPR.

But are they asking to store your DBS info, or asking to see it?

If they only want to view it to note the details, rather than store/keep the details, then I'm not sure that would be a breach of the DP Act.

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PostPosted: Thu Mar 12, 2020 9:32 am 
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Sussex wrote:
Quote:
The correct storage of information from a Disclosure and Barring Service (DBS) certificate is important to comply with the Data Protection Act 2018 and GDPR.

But are they asking to store your DBS info, or asking to see it?

If they only want to view it to note the details, rather than store/keep the details, then I'm not sure that would be a breach of the DP Act.

I still think they would be breaking the law under sec 124 of the police act 1997 (as posted earlier) as they have no authorised officer to view a DBS certificate legally, the local council are the only ones who can have an authorised officer, the authorised officer, the applicant and a third party nominated by the applicant are the only ones who have a legal right to view a DBS certificate.

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PostPosted: Thu Mar 12, 2020 10:36 am 
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agabbycabbie wrote:
Sussex wrote:
Quote:
The correct storage of information from a Disclosure and Barring Service (DBS) certificate is important to comply with the Data Protection Act 2018 and GDPR.

But are they asking to store your DBS info, or asking to see it?

If they only want to view it to note the details, rather than store/keep the details, then I'm not sure that would be a breach of the DP Act.

I still think they would be breaking the law under sec 124 of the police act 1997 (as posted earlier) as they have no authorised officer to view a DBS certificate legally, the local council are the only ones who can have an authorised officer, the authorised officer, the applicant and a third party nominated by the applicant are the only ones who have a legal right to view a DBS certificate.


Any employer can ask that you provide a DBS check.


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PostPosted: Thu Mar 12, 2020 5:04 pm 
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heathcote wrote:
Any employer can ask that you provide a DBS check.


employer


but for owner drivers on a base?

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PostPosted: Thu Mar 12, 2020 7:06 pm 
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wannabeeahack wrote:
heathcote wrote:
Any employer can ask that you provide a DBS check.


employer


but for owner drivers on a base?



Technically the operator is the employer who is responsible for everything that happens on the circuit,if he says anyone wanting to be under his control by joining his circuit,they must supply an up to date DBS check,he is quite within his right to do so.


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