· When was the database started?
· A — Trials began in Autumn 2004 before add’s official launch in December 2004
· Are their any other similar databases on the market?
· A- To our knowledge add is a unique offering by de Poel.
· How many drivers are currently on the system?
· A- Although always changing this number is currently in the region of 4000. It is our aim to exceed 10,000 drivers by 2006
· What is the charge for data information requests?
· A- £10 unfortunately due to an internal error this has in some cases been quoted as £25. This has never been charged at any point
· What is the name and contact details of the data protection officer?
· A- Kay Jones
· What information is stored on the system?
· A- Upon Registration
§ Name
§ Address
§ Photograph
§ Drivers licence number
§ DOB
§ NI Number
§ Individual PIN (Chosen by driver)
§ Next of Kin (For use in case of emergency)
§ Contact phone numbers
§ CRB Check carried out (if required and signed for by driver)
§ Licences held
§ Experience gained i.e. rope and sheet, refrigeration unit etc
Upon start of each assignment
§ Details of any Manual handling training
§ Details of any client assessment
§ Drivers declaration re: hours worked
Ongoing
· Details of accidents and incidents
· Is the information stored in the system factual or subjective?
· A- Factual — There are no free text fields once a driver has been set up any additions i.e. endorsements new licences gained e.g. ADR are chosen via drop down menus.
· Is there an easy way for drivers to contact the administrators to gain access to the information on the system?
· A- Due to the volume of drivers this is only possible by written request to de Poel. The driver’s agency could show a driver his record at any time via their access pc.
· How will drivers be able to change information stored about them in the system?
· A- depending on the information that needs to be changed this can be done in a couple of ways. Personal information can be amended by either the drivers agency or de Poel i.e. change of address, name etc. Licence information can be amended by either client i.e. end user or agency. Accident and incidents can only be entered by clients and should these occur they have to authorised by client senior management before appearing on the system.
· Are drivers informed that their details will be entered on the system?
· A- Yes. Contractually agencies should do this. However as a safe guard de Poel guarantee to write to all drivers added to the system within 48 hours of them being added informing them that they are now on the system and what this entails. Should a driver demonstrate that his or her permission was not granted to do so, de Poel will remove any and all records held.
· Is it a legal requirement to inform drivers before their details are entered on to the system?
· A- Yes.
· How is permission gained to input an individual’s details on the system?
· A- Via documentation provided to the driver by the hiring agency. This is not normally part of their standard terms and will form a separate document.
· What safe guards are in place to ensure the information is correct?
A- Agency’s and clients are contractually and legally bound to ensure to their best endevour that all information is accurate; in the same way as your personnel file would be should you be in permanent employment.
· How does de Poel ensure that drivers understand the implications of their details being placed on the system?
· A_ By asking agencies to inform their drivers before adding them. By ensuring that legally agencies are responsible to do this and as a safeguard by informing all drivers added within 48 hours that they are now logged on add, what is logged and the purpose of this.
· What guarantees are there that the information contained on the system is compliant with DPA?
· A- de Poel is registered with Data Protection and as such is legally bound to comply with all aspects of the act.
· Is de Poel under any legal obligation to check the integrity of the information in the system?
· A- No, although de Poel regularly checks the system for admin or malicious error. Both agencies and clients are legally bound to check the integrity of the information.
· How will de Poel ensure that agencies make it clear that they are going to be entering driver information on the system?
· A- As with the above answers. However any agency found to be in breach of this on a regular basis (Not one off error) will be removed and will no longer be able to supply de Poel Clients.
· What happens if de Poel finds out that an agency has added a driver’s detail without their knowledge?
· A- The driver will have the option to be removed from the system — at no cost. Depending on the regularity of this breach of contract de Poel would reserve the right under its terms and conditions to remove the agency from the system.
· How is the information protected?
· A- On a series of secure servers. Technical spec available upon request.
· How does de Poel ensure that agency drivers’ details are not released against their wishes?
· A- By advising drivers that they are going on to the system in the first instance. It is important to note that a drivers record can then only be accessed by entering three correct answers to security questions. Therefore only the drivers agency and any client that the driver wishes to provide this information to will be able to access his record.
· Is there any way other than by payment that a driver can check their details in the system?
· A- Yes, by asking his agency to show him the record on their pc.
· Is there any legal opt out for our information being held as there is with other data holders?
· A- Yes. Please advise your agency that you do not wish to be added to the system. They will then not add you.
· Who is the information shared with?
· A-de Poel clients — Including but not exclusive to TNT, Fiege Merlin, Sainsbury’s etc
· Will any company who wants to view a driver’s details be able to do so?
· A- No only de Poel clients that the driver wishes to drive for can view the information.
· Would all an agency’s clients be able to view the information in the system?
· A- No only de Poel clients that the driver wishes to drive for can view the information
· What information is shared between agencies and their clients?
· A- The information entered as stated earlier.
· What information is shared between agencies and other agencies?
· A-None unless the driver chooses to register with more than one agency and share this information.
· Would driver information be released to any company who requested it?
· A- No only de Poel clients that the driver wishes to drive for can view the information
· What happens if a driver leaves an agency?
· His information will remain on the system unless otherwise requested. Information can be adopted by another agency if the driver registers with that agency.
· What would happen if an online job club joins the database?
· A — Nothing, No search can be made of the database.
· Would the agency worker been informed of any incidents placed on their file?
· A- Only by request. As per a personnel file.
· What additional information can be added to incidents, does this include if the driver was blameworthy?
· A_ Type of accident e.g. RTA, Fatality and yes it will include Considered Blameworthy or not
· How does de Poel stop individuals who don’t see eye to eye with drivers from entering negative information about them?
· A- There is no free text field within the system and all accident information must be authorised by a client’s senior management.
· Would a driver be able to contest incorrectly entered incident information
· A — Yes
· Will de Poel be posting a list of agencies using add?
· A- No not currently, however most agencies are signing up to add and see it as a voluntary passport to work for legitimate drivers. It is important to note that the use and purchase of add is client and not agency driven. de Poel’s clients are instructing all their supplying agencies to use the system.
· Can agencies decide not to post negative comments against a driver?
· A- Agencies CANNOT post any negative comments about any driver.
· Will de Poel agree to withhold information held on an individual until they have received written confirmation from that individual that they have been consulted fully, and made aware of all the implications of their details being held on the database.
· A- No unfortunately this is not practicable.
· Are the agencies registered with you members of the REC?
· A- Yes the majority of agencies are registered with REC.
· Is de Poel a member of the REC?
· A- No de Poel is not an agency.
· Why have not all drivers working for TNT been informed by their agency that they are entered on to the system or received a letter informing them that their information is being entered into the database
· A- TNT Logistics UK Limited is currently undergoing trials of add with great success but only in certain parts of the country. This is subject to National roll out within 2005.
· How do de Poel implement cost reduction programmes?
· A- Not and never by reducing drivers pay rates! We actually reduce the number of agency suppliers to our clients and negotiate reduced margins with successful panel suppliers based on volume. De Poel typically increases drivers pay rates by 2-5 % through this process. Pay rates are fixed during this process so agencies cannot reduce them later to enhance their margins.
· Does de Poel operate an Agency master vendor solution?
· A_ No de Poel is not an agency
· How does the software for processing and analysing agency time sheets fit in with add?
· A — Currently it does not. We do have plans to link the two systems later this year enabling clients to ensure drivers are operating within the WTD and not working for multiple clients and agencies and therefore doing to many hours.
· Will de Poel compensate any driver for loss of earning as a result of incorrect information the driver database?
A- No, although the driver would be entitled to seek recompense from the individuals responsible for such wrongful entry.
· Will de Poel generate a list of disreputable agencies?
· A- No this does not fit with our objectives as a Limited company. Part of de Poel’s overall process is to protect clients and agency workers from such disreputable companies.
· Does the system comply with the DTI section 28.1(below)?
· A- Although we are not an agency in any way we are legally comfortable that we do adhere to all aspects of all legislation regarding data protection.
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- (1) Neither an agency nor an employment business may disclose information relating to a work-seeker, without the prior consent of that work-seeker, except -
(a) for the purpose of providing work-finding services to that work-seeker;
(b) for the purposes of any legal proceedings (including arbitration); or
(c) in the case of a work-seeker who is a member of a professional body, to the professional body of which he is a member.
(2) Without prejudice to the generality of paragraph (1), an agency shall not disclose information relating to a work-seeker to any current employer of that work-seeker without that work-seeker’s prior consent, which has not by the time of such disclosure been withdrawn, and shall not make the provision of any services to that work-seeker conditional upon such consent being given or not withdrawn.
Additional Notes: Having read and taken onboard the genuine concerns expressed over the last week in this forum de Poel will:
1. Provide all drivers who are members of trucknetuk with one free copy of their records during 2005 upon written request and quoting their membership name.
2. Notify all drivers in writing should a Considered blameworthy accident or incident be added to their record. Drivers will then be able to contest this if applicable.
. I use(d) an account I hold with a factorors to recover said money. In a fit of pique 
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