DVLA withholding personal medical information.

pubjoe

This concerns my partner.

Without going into too many details right now (perhaps she may like to do that later), can the dvla withhold personal 3rd party medical information?

She has recently been told by the dvla that she cannot drive for at least a further 6 Months, this is due to a 12 Month restriction on driving after a "seizure" that she apparently had in December.

My partner would like to know from where exactly they have gained information about this seizure? As far as she is aware, she did not have one! She has tried contacting suspected health care professionals but it seems there are no existing notes or records about any communication.

It would help if the dvla could pinpoint the source so that she could at least chase up the right person, but of course, they have said that they legally cannot disclose "3rd party information".

Now, I've given myself a bit of a headache trying to learn about the freedom of information, stuff about grey areas labeled "fairness"... I dunno?

Any advice on how she can just get the dvla to cooperate?

iamana1ias

pubjoe wrote: »

This concerns my partner.

Without going into too many details right now (perhaps she may like to do that later), can the dvla withhold personal 3rd party medical information?

She has recently been told by the dvla that she cannot drive for at least a further 6 Months, this is due to a 12 Month restriction on driving after a "seizure" that she apparently had in December.

My partner would like to know from where they have gained information about this seizure? As far as she is aware, she did not have one. She has tried contacting possible health care professionals but it seems there are no existing notes or records about any communication.

It would help if the dvla could tell her so that she could chase up the source, but of course, they have said that they legally cannot disclose 3rd party information.

Now, I've given myself a bit of a headache trying to learn about the freedom of information, stuff about grey areas labeled "fairness"... I dunno?

Any advice on how she can just get the dvla to cooperate?

You're barking up the wrong tree. You need to make a subject access request under the Data Protection Act.

pubjoe

Sorry, wrong wording, as I say, I gave myself a headache reading up on it!

So is the only possible route to make a lengthy legal paper claim for a piece of information that would put her on the first step of an even lengthier battle? It'd be quicker to just wait 6 Months!

I waas wondering if they're entitled to withhold their source in the first place.

iamana1ias

pubjoe wrote: »

Sorry, wrong wording, as I say, I gave myself a headache reading up on it!

So is the only possible route to make a lengthy legal paper claim for a piece of information that would put her on the first step of an even lengthier battle? It'd be quicker to just wait 6 Months!

I waas wondering if they're entitled to withhold their source in the first place.

They have 40 working days to answer the request, so it wouldn't be quicker to wait 6 months at all!

pubjoe

I meant the wait for the information would put her at the first step of an even lengthier battle to get her licence back. Actually I said that didn't I?

The source of information about the seizure would just be a start. It then takes over 30 days for every other paper communication exchange with the dvla and even longer with her neurosurgeon.

Thank you for your information though.

iamana1ias

pubjoe wrote: »

I meant the wait for the information would put her at the first step of an even lengthier battle to get her licence back. Actually I said that didn't I?

The source of information about the seizure would just be a start. It then takes over 30 days for every other paper communication exchange with the dvla and even longer with her neurosurgeons.

Thank you for your information though.

So she does have a condition that could cause seizures? You made it sound like a coincidence in your first post.

Point is that the DPA request would tell her (probably on headed paper) who told the DVLA. Without that you're stabbing in the dark.

pubjoe

Would it help to give the whole story? I did say her driving restriction has been extended by a "further 6 Months". Read into that if you wish, I just didn't want to distract from the main point that...

The dvla seems to hold 3rd party medical information that my partner does not!!! They have said that they cannot legally give her this information.

They have not said 'you would need to request it via....'. They have just said "No".

wealdroam

pubJoe, this is going to sound a bit harsh...

You asked how to get the information.

You were given an answer in post #2.

You can either get on with the Subject Access Request or not.
It's up to you.

:beer:

Edited to add...

From the DVLA website...

Release of information about yourself from the driver licence records

Requests for information must be made in writing providing your full name and address details, driver licence number or your date of birth if your driver licence number isn’t known. The fee for this service is £5.00 and requests should be sent to DCS (Data Subject Enquiries) D4, DVLA, Swansea SA6 7JL.

Wee_Willy_Harris

pubjoe wrote: »

Sorry, wrong wording, as I say, I gave myself a headache reading up on it!

So is the only possible route to make a lengthy legal paper claim for a piece of information that would put her on the first step of an even lengthier battle? It'd be quicker to just wait 6 Months!

I waas wondering if they're entitled to withhold their source in the first place.

At the moment, they are witholding nothing. You just need to ask using the correct protocols. Theyn then have UP TO 40 days to provide the information requested provided it falls within the remit of the DPA and a SAR.

Or, you could just argue the toss and stamp your feet for UP TO 40 days and we'll keep our fingers crossed for you.

pubjoe

No that's not harsh, the point of my post is that she she is in a catch 22 situation. The subject Access request is the beginning of a long road, which could well be a 6 Month walk in itself, only much more stressful.

I'll just give the whole story, I've just spoken to my partner (Lu) about it and she's fine with it. Perhaps this will explain the frustration...

Last year in March, Lu had a "focal seizure" which ended up being a symptom of a Brain tumor. The tumor (a cavernous malformation) was removed in May and she has recovered very well post surgery. She informed the dvla and surrendered her licence as soon as she returned home.

She phoned several times while awaiting to hear from the dvla regarding timescale of the driving restriction.

After 2 Months, in August, the DVLA said that she can drive again and gave her a cover note while she awaited her licence. I naively bought her a (nearly) new car (the most expensive thing I've ever bought) to celebrate. But 2 weeks later, the DVLA wrote to Lu again and this time revoked her licence.

Several more phonecalls followed and they did not share any information on possible time scale with her. The answer is always "our medical team will look at it"

Since then, 10 more Months has passed. I wouldn't like to guess how many phonecalls Lu has made, but it's an awful lot. The telephone response is always something about the medical team. She's heard everything... "Your record is on their desk now", "it's being looked at right now". All Lu has ever wanted to know is how long she should be waiting for. From her own research, it's difficult to classify her category specifically, but "12 Months since the last seizure" is a common answer.

Finally, this week, she received her long awaited letter from the dvla. Which began by saying "the drivers Medical Unit has recommended that you should not drive"... But at least (and finally! After 12 Months), it did offer her first clarification as to timeframe. This was "A person who has suffered an epileptic attack whilst awake must refrain from driving for one year from the date of the attack before a driving licence may be issued".

So she phoned them up again. It has been a year since she has had a focal seizure after all.

They told her that she had an epileptic attack in December 2009. Lu told them she did not. They said she did because it says so here. Lu asks "who says so". They say, "we cannot tell you that".

Now if she is to attempt to prove that she didn't, she needs to know who the source of this information is. There are two possibilities that she can think of...

1) She had an EEG scan in December, but she has been told that the results are "good, fine, nothing to worry about (etc)". Perhaps there was an EEG provoked spike on her brain activity graph which signifies a seizure? ...Maybe?

2) Or perhaps, when she went to her (ex) GP in early November to inform him of her recovery, her comment (to her recollection) of "I've had some headaches and I think I might have seen some sparkles", which was then relayed down a dictaphone to his secretary, to a typed letter, to the neurosurgeon's secretary, and replied to from the neurosurgeon etc etc etc until eventually, maybe this enquiry has morphed into "epileptic seizure" by the time it reached the DVLA.

It could be either of the above things, or neither. To be honest, both seem unlikely for various reasons. possibility 1 does not describe an "epileptic attack" (as far as Lu was informed herself) and possibility 2 does not describe any sufficient diagnoses of an epileptic attack, nor does it relate to the December date the dvla have clearly stated, unless we allow the dvla some margin of error, afterall they did tell Lu she could drive 10 Months ago!

Lu has contacted both of the above people, they doubt or can't remember if it could come from them, but specific notes are apparently unavailable. and certainly no record of contact to the DVLA.

Now, perhaps the DVLA are in the right after all. I definitely am not about to attempt to prove or argue that here. But even if Lu was in the right to have her licence back, whichever way she goes about it, it's going to take at least 6 Months. I say this because of past experience of official contact to both the above mentioned possible sources. Not only that, but she could be waiting up to 2 Months just to be told what tree to bark up!

pubjoe

Wee_Willy_Harris wrote: »

Or, you could just argue the toss and stamp your feet for UP TO 40 days and we'll keep our fingers crossed for you.

Is there any need for that?