OTC Could Face Action After Serious GDPR Breach
The Office of the Traffic Commissioner's (OTC) could be facing legal action from transport operators after their decision to publish outcomes of driver conduct hearings. The publication of this information is being labelled "a serious GDPR breach" by transport lawyers who also say that "sooner or later" a professional driver would take legal action against the Office of the Traffic Commissioner's.
The information published contained personal data, including driver's names, data of birth, postcode, and the date of their hearing.
In June, the OTC announced that it had started publishing the outcomes of hearings and that it was following "widespread approval of this information in response to a consultation in 2019".
"Publishing this information will make it easier for operators to find out if a driver has been subject to regulatory action" it said.
"This will help to ensure they do not use drivers who have not declared any action taken by a Traffic Commissioner against their vocational entitlement to their employers."
So far, personal data of over 100 drivers have been published, as well as their hearing results.
You can find more information on the situation here.
The information published contained personal data, including driver's names, data of birth, postcode, and the date of their hearing.
In June, the OTC announced that it had started publishing the outcomes of hearings and that it was following "widespread approval of this information in response to a consultation in 2019".
"Publishing this information will make it easier for operators to find out if a driver has been subject to regulatory action" it said.
"This will help to ensure they do not use drivers who have not declared any action taken by a Traffic Commissioner against their vocational entitlement to their employers."
So far, personal data of over 100 drivers have been published, as well as their hearing results.
You can find more information on the situation here.
In November 2019, we launched this innovative offering for clients seeking access to advice for an agreed annual fee.
This is an alternative to our standard retainer system and offers clients an opportunity to obtain advice where the cost is pre-determined for the whole year. This arrangement would suit clients who may from time to time need to seek legal advice but may hold off preferring a ‘wait and see’ approach.
In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
If you have a corporate or commercial issue which Dyne Solicitors is unable to handle, then Butcher & Barlow’s Commercial team will certainly be able to step in and assist.
DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
This is an alternative to our standard retainer system and offers clients an opportunity to obtain advice where the cost is pre-determined for the whole year. This arrangement would suit clients who may from time to time need to seek legal advice but may hold off preferring a ‘wait and see’ approach.
In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
If you have a corporate or commercial issue which Dyne Solicitors is unable to handle, then Butcher & Barlow’s Commercial team will certainly be able to step in and assist.
DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
