In this policy, the ‘first authority’ refers to a licensing authority which made a specific entry onto the National Register of Refusals, Revocations and Suspensions (NR3S).
The ‘second authority’ refers to a licensing authority which is seeking more detailed information about the entry.
Throughout this policy reference is made to “taxi driver’s licence”. This generic term covers a Hackney carriage driver’s licence, private hire driver’s licence and those licence holders who hold both.
This policy covers the use that Bury Council will make of the ability to access and use information contained on the National Register of Refusals, Revocations and Suspensions (NR3S). The NR3S contains information relating to any refusal to grant, revocation of, or suspension of a taxi drivers’ licence. This information is important in the context of a subsequent application to another authority for a drivers’ licence by a person who has had their licence refused or revoked in the past.
Bury Council has signed up to the NR3S. This means that when an application for a taxi drivers’ licence is refused, suspended or when an existing taxi drivers’ licence is revoked, that information will be placed upon the register.
When an application for a new drivers’ licence, or renewal of an existing driver’s licence is received, Bury Council will make a search of the NR3S. The search will only be made by an officer who has been trained in the use of the NR3S and who is acting in accordance with this policy. If details are found that appear to relate to the applicant, a request will be made to the authority that entered the information for further details.
Any information that is received from any other authority in relation to an application will only be used in relation to that application, and the determination of it, and will not be used for any other purpose. Any data that is received will only be kept for as long as is necessary in relation to the determination of that application. This will include the period of processing that application, making a decision, notifying the applicant of the outcome of that decision, and the appeal processes.
For the avoidance of doubt, any such data will be kept for a period of no more than 35 days from the date of the service of the written notification of the determination of the application.
Where an appeal to the magistrates’ court is made, the data will be retained until that appeal is determined or abandoned.
Where the appeal is determined by the magistrates’ court, there is a further right of appeal to the Crown Court.
In these circumstances, the data will be retained for a period of no more than 35 days from the date of the decision of the magistrates’ court. If an appeal is made to the Crown Court, the data will be retained until that appeal is determined or abandoned. Where the appeal is determined by the magistrates’ court or the Crown Court, it is possible to appeal the decision by way of case stated. Accordingly, the data will be retained for a period of no more than 35 days from the date of the decision of the Crown Court (if the decision was made by the magistrates’ court, the retention period has already been addressed).
If an appeal by way of case stated is made, the data will be retained until all court proceedings relating to that appeal by way of case stated (which will include potential appeals to the Court of Appeal and Supreme Court) have been determined.
The data will be held securely in accordance with Bury Councils general policy on the secure retention of personal data. At the end of the retention period, the data will be erased and/or destroyed in accordance with Bury Councils general policy on the erasure and destruction of personal data.
When an application is made to Bury Council for the grant of a new, or renewal of, a taxi driver’s licence, Bury Council will check the NR3S.
Bury Council will make and then retain a clear written record of every search that is made of the register. This record may be in electronic means. This will detail:
- The date of the search
- The name or names searched
- The reason for the search (new application or renewal)
- The results of the search
- The use made of the results of the search (this information will be entered to the register at a later date)
This record will not be combined with any other records (i.e. combined with a register of licences granted) and will be retained for the retention period of 11 years.
If Bury Council discovers any match (i.e. there is an entry in the register for the same name and identifying details) a request will be made to the authority that entered those details (the first authority) for further information about that entry. That request will also include details of Bury Councils data protection policy in relation to the use of any data that is obtained as a result of this process.
When Bury Council receives a request for further information from another authority a clear written record will be made of the request having been received. This record will not be combined with any other records (i.e. combined with a register of licences granted) and will be retained for the retention period of 11 years.
Bury Council will then determine how to respond to the request. It is not lawful to simply provide information as a blanket response to every request.
Bury Council will conduct a Data Protection Impact Assessment. This will consider how the other authority (the second authority) will use the data, how it will store that data to prevent unauthorised disclosure, the retention period for that data, and the mechanism for erasure or destruction of the data at the end of that period. It is expected that if the second authority has adopted a policy similar to this, that should be a reasonably straight forward process.
If Bury Council is satisfied that the other authority’s (the second authority) data protection procedures are satisfactory, consideration will then be given as to what information will be disclosed. This will be determined by an officer who has been trained to discharge this function.
If the first authority is not satisfied that the second authority’s data protection policy is satisfactory, no disclosure can be made. In such circumstances a discussion will take place between the two authority’s data protection officers as a matter of urgency.
Any disclosure must be considered and proportionate, taking into account the data subjects’ rights and the position and responsibilities of a taxi driver. Data is held on the NR3S register for a period of 11 years, but Bury Council (the first authority) will not disclose information relating to every entry. Each application will be considered on its own merits.
Bury Council will disclose information relating to a revocation or refusal to grant a drivers’ licence in accordance with the timescales contained within the Council's Cautions and Convictions Guidelines.
Where the reason for refusal to grant or revocation relates to a conviction (or similar as defined in the guidelines) which is within the timescales determined in those guidelines, the information will be disclosed. Where the reason for refusal to grant or revocation relates to a conviction (or similar as defined in the guidelines which is outside the timescales determined in those guidelines, the information will not be disclosed. However, in every case, consideration will be given to the full circumstances of the decision and there may be occasions where information is provided other than in accordance with this policy.
Any information about convictions will be shared in accordance with this policy under Part 2 of Schedule 1 to the Data Protection Act (DPA) 2018; that is, the processing is necessary for reasons of substantial public interest in connection with the exercise of a function conferred on the authority by an enactment or rule of law.
The officer will record what action was taken and why. Bury Council will make and then retain a clear written record of every decision that is made as a result of a request from another authority. This will detail:
- The date the request was received
- How the data protection impact assessment was conducted and its conclusions
- The name or names searched
- Whether any information was provided
- If information was provided, why it was provided (and details of any further advice obtained before the decision was made)
- If information was not provided, why it was not provided (and details of any further advice obtained before the decision was made)
- How and when the decision (and any information) was communicated to the requesting authority
This record will not be combined with any other records (i.e. combined with a register of licences granted) and will be retained for the retention period of 11 years.
When Bury Council receives information as a result of a request that has been made to another authority, it will take that information into account when determining the application for the grant or renewal of a taxi drivers’ licence. This will be in accordance with the usual process for determining applications in line with the Council’s Constitution.
Bury Council will make and then retain a clear written record of the use that is made of the results of the search (this information will be added to the register detailed above).
Information that is received may warrant significant weight being attached to it, but it will not be the sole basis for any decision that Bury Council will make in relation to the application.