CASE EXAMPLE 4
Taxi Company (FAKE REGULATION)
- with a Data Protection Law Breach as a DVS requirement.
Another Planet DVS job creation scheme for both selves and the Private Sector as an attempt to appear "relevant".
Every month DVS require from each Taxi Company a list of the Taxi Vehicles “Affiliated” to them. (every Taxi vehicle has to "Work from" the Taxi Company named on the PSV Licence issued to each Taxi Driver by DVS). The Term “Affiliation” is simply used by Convention as not defined by Law.
On the face of it a simple task to comply for each Taxi Company and historically most have done so, if only out of politeness - or to avoid "consequences" from DVS.
But it's a completely unnecessary job creation scheme as it's information DVS already hold and DVS are the only people who can ever legally change! (The PSV Licence Condition states a vehicle changing Taxi Company needs "permission" of DVS).
Leaving aside the complete waste of time and money, more importantly as there is no Regulatory Requirement to provide that information Taxi Companies are in the exact same legal position as every other any Jersey based business (or individual) - in that sharing information (particularly Personal Data) risks breaching the Data Protection Law if not done so for valid reasons.
NOTE: there are no Taxi Company specific Regulatory Requirements at all (just the usual Jersey Business Regulations) as the introduction of Taxi Company Regulation was botched by DVS in 2018, and has been left ever since.
The caution therefore is that doing the job of DVS (because incapable or unwilling to undertake for themselves) is likely not one of those Data sharing valid reasons.
NOTE: A simple “Wish” does not magically create a Regulatory Requirement (at least not that could later be relied upon in Court to defend against a Data Breach claim).
THE SOLUTION OPTIONS!
DVS keeping a record of the Affiliation of all Taxi Vehicles and updating every time DVS approves a change. A piece of paper and a crayon would suffice. Seemples.
A written Outsourcing Contract with each Taxi Company to provide the basic administration functions that DVS are unable or unwilling to undertake for themselves. Obviously would be on a fully commercial basis - £5k a month for each Taxi Company would likely suffice. In the Private Sector Time is Money - plus those crayons aren't cheap!
So, another FAKE REGULATION created by DVS alone for the Taxi Industry to follow - this one arguably including a requirement to breach the Data Protection Law (I say arguable because would depend on the paperwork that exists for each Taxi Company with their Drivers – the “convention” for that is “minimal”. lol).