This is very interesting!
I shall wait for Rikki’s/Lucy’s permision and will write to this company on behalf of TN to see if they would like to explain to us drivers what benefits they are (if any) for us as drivers.
I am sure you all would agree that if they are not any benefits for us, then we may well be requesting our name be removed from any list they keep.
Ok, carry on TC…just send us a copy first if you could please.
will do lucy, I will send u a copy to be passed before it is sent.
watch this space!
Thanks Conor, Just sent an email based on your template.
From my memory of the DPA, they don’t necessarily have to ask your permission to store the data.
It has to be:
o correct
o stored and used for a declared purpose only
o stored only for as long as is reasonably necessary (i.e. they can’t store it “just in case it’s useful in the future”)
plus a few other constraints
CM - the “commercial gain” thing isn’t just “commercial gain”, it’s specifically for direct marketing. i.e. you can insist that they don’t use your information for direct marketing, but they’re fully entitled to store and use the information for other purposes, as long as they register those purposes with the Data Protection Registrar.
Plus, they must provide to you all the information they hold on you, at your request, although they can charge an admin fee of up to £10 for this.
Thanks Mr F, yes realise that now, been reading through some of it tonight. It appears that you have to actively request in writing that they no longer use your info otherwise they have an automatic right to.
Once you have given notice in writing then they must stop and let you know they have stopped.
There does appear to be some get out clauses though!, some circumstances permit them to disclose dispite your objection, criminal record or matters effecting contactual issues, etc. I guess a contact with an employment agency is such a contract. If I read it wrong then I rest assured I will soon be corrected.
Regards, Charles.
OK i don’t know about you but I’m going to let as many driver as possible to know abut this depoel have told my 10 pounds to see my file.your not on all my details wifes name my kids names my address. any med con dition i may have been off with in the past.bumps and knocks iv had,some companies have application forms worse than the dss and the passport office put together. wots this about TNT thay employ thousands. well im not having it below iv put some links if you wanto complain as i have cherrs mack
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4000 agencys how many drivers is that : : :
If what they are offering is a record of the employment history of each driver relating to things like their level of compitence to each job and details of accidents, did they turn up on time, criminal record, was the truck looked after ect… I personally can’y see a problem. It is the same as an employer asking for references when you go for a proper job. That is the sort of information that should be available.
If the info is personnal like family, credit history or anything which does not relate to the job, I can understand the concern.
I would have thought that good drivers, agency or otherwise, would welcome the relevant information being shown. Nothing like blowing your own trumpet but better if somebody else does it for you.
I think there is one thing that everyone is overlooking here 
Where did they het the information from in the first place
It seems to me that Agency’s have obviously been selling the information in the first place without your knowledge
if a company wants a ref i will give them my consent to contact that company ,
that way acompany cannot do it out of malice or mis information.god some of of these agency controllers are 19 and more interested in how they look in the mirror
.than the staff they ther looking after.so you say no to a job for wot ever reason !and the kid gets the hump and put down that your ,inflexible or has a cant do outlook.employers should not have the power to inter fear with your futcher work
.you cant give a bad reference you can only decline from giving one. wot if your off ill in one job ,should this stop you geting another,no of course not its no one elses buisness. i live for my family not a company,
weemack:
you cant give a bad reference you can only decline from giving one.
This is not true. You can give a bad reference, but the “bad” bits must be factual (i.e. not opinions), and correct. For example, you can’t say “Joe Bloggs didn’t take his responsibilities seriously”, but you can say “Joe Bloggs was at least 3 hours late for work at least two days every month” (as long as that is correct).
For this reason, most people tend not to give a bad reference, as you have to be very careful to ensure that you have sufficient evidence to back those claims up if they were ever to try to sue you for libel/slander/defamation of character.
CM:
It appears that you have to actively request in writing that they no longer use your info otherwise they have an automatic right to.
You can do this for direct marketing.
You can also do this for data used for any purpose if the processing of that data will cause you “substantial and unjustified damage or distress”. I don’t think that evaluating a person’s previous job references (which is effectively what this is) would be classed as “substantial and unwarranted” - if someone gave you a good reference, then it wouldn’t be causing you “substantial damage”, and if they gave you a very bad reference (that you deserved), then whilst the damage might be “substantial”, it wouldn’t be “unjustified”.
If your potential employer is using this information as part of an automatic decision-making process (e.g. it automatically refuses applications from anyone who has taken more than 10 sick days in the past year), then you have the right to prevent this kind of processing. I doubt that this is relevant in this case, though.
I’m not sure of the legality of your previous employers disclosing this information about you to the reference agency; this might be the only recourse - if you can prove that the information was obtained illegally, you can force them to remove it.
However, unless they meet the conditions above, then AIUI they have the right to process and disclose this information as they wish (in accordance with their registration with the DPR).
More information at:
The Information Commissioner’s website
you are missing the point ITS WRONG. i agencys a sending info about drivers to others.i couldnt care less if its ilegal. ITS WRONG and no driver with half a brain. or any self respect would knowingly sine up with an agency that admitied to doing so. 10s of thousands of drivers drive for agency(this is only a gess so dont rush off and find the exact number so you can proove me wrong)
focas on wot the agency has done not depoel.
frowns Its weird. I don’t know of many agencies that would willingly pass on details of drivers to others - they guard their drivers jealously against rival agencies!
It feels like an invasion of privacy to have your details put up on the web like that. If I want to submit my CV to a jobs site, I’ll blinking well do it myself!
We have had contact from this company and after a chat, they have agreed to respond to this topic directly.
Please be aware that, This company have agreed to respond to your concerns. Respect and proper consideration should be given to any reply you make.
Ian
I got an e-mail from them.
16th February 2005
Dear Paul
Â
Many thanks for your query regarding the Agency Driver Database (addâ„¢).
Â
Firstly I would like to point out that currently we do not hold any details or particulars about you on the database. You are of course correct in your point that should we hold any data on you, under the Data Protection Act we are legally obliged to disclose this to you within forty days of a written request and will charge you an administration fee of £25 as is our prerogative under the Act.
Â
In terms of your particulars going onto the database it is your Agency that inputs your details, not us, and your agency should gain permission from you to do this. At this point the agency is obliged to hand you a document detailing the data that is held on the systems and what the data is to be used for.
Once you have been registered on the database we send you further documentation informing you of the data that we hold, we are not obliged to do this, but feel it is appropriate to inform you. This letter states; the purposes of holding the data and what we intend to do with the data.
Â
With regards to public access to the data there is none. The system is only available to agencies that subscribe to the system and to their clients that have also subscribed to the system. This will and should be explained to you when you register your details with a participating agency. The addâ„¢ system is a very secure system and is protected by a series of passwords and screens that mean that only the agencies that you register with and have given permission to in order to register your details on addâ„¢ will actually have access to your details. Secondly with regards to clients, only clients that subscribe to the addâ„¢ system and that you wish to work for will have access to your details. I would also like to point out that we at de Poel have no intention of selling on any information or making it available to any third parties other than those mentioned above.Finally I would like to apologise if details of the addâ„¢ system have been poorly communicated to you by any other party, something which we take very seriously, and we are taking steps to investigate and redress this matter.
Should you require any further information please do not hesitate to contact me on the telephone number below.
Yours sincerely
Sean Gibbins
addâ„¢ Project Manager
a particular bit of the email raises an eyebrow with me.
I was sure that the maximum charge for a DSAR was £20 - from my days as a bank worker (we had to sit exams on it). I may have a poor memory though - can anyone shed light on the limits?
the info comm’s site suggests a £10 fee may be charged but not everyone does, though doesn’t state a maximum.
A polite enough letter. I think we should all ask our agencies if they use this service!
in my email its only 10 pounds
Thank you for your enquiry. For a nominal charge of £10 we will send you a copy
of all the information that we hold on you.
Best regards,
Kay Jones
does any one know of an agency that has payed to view this info ?
I WOULD LIKE TO WELCOME OUR NEWIST MEMBER DEPOEL WHO JOINED TODAY. SO DE ,WOT KIND OF RIG DO YOU DRIVE,