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West Lothian Council's online list of suspended badges
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Author:  StuartW [ Mon Feb 01, 2021 6:26 am ]
Post subject:  West Lothian Council's online list of suspended badges

Haven't seen anything like this before :?

I assume it's so that the public can check a badge to see if it's valid.

West Lothian Council wrote:
The following list contains details of licence holders whose licences are currently suspended. In relation to the suspended licences it is possible that the suspensions can be revoked in future and you can contact the Licensing Team at licensingservices@westlothian.gov.uk to ensure that licences are valid

https://www.westlothian.gov.uk/media/30 ... 9281200000

It's on the page which links to lists of licences in issue, which I don't think is particularly unusual, but can't say I've seen a list of suspended badges.

https://www.westlothian.gov.uk/article/ ... -licences-

Author:  bloodnock [ Mon Feb 01, 2021 3:53 pm ]
Post subject:  Re: West Lothian Council's online list of suspended badges

I'm surprised that doesnt breach the Data Protection act.

Author:  heathcote [ Mon Feb 01, 2021 8:40 pm ]
Post subject:  Re: West Lothian Council's online list of suspended badges

bloodnock wrote:
I'm surprised that doesnt breach the Data Protection act.



Cannot find in the Act anything to do with registers which is surprising in itself. I assume they think they are publishing something in the Publics interest.

Author:  Sussex [ Mon Feb 01, 2021 8:50 pm ]
Post subject:  Re: West Lothian Council's online list of suspended badges

They really shouldn't be publishing that. [-X

By all means have a list and circulate it around to other Scottish councils, but what they have done there is 100% illegal IMO.

Author:  StuartW [ Tue Feb 02, 2021 5:54 am ]
Post subject:  Re: West Lothian Council's online list of suspended badges

heathcote wrote:
Cannot find in the Act anything to do with registers which is surprising in itself. I assume they think they are publishing something in the Publics interest.

It's hidden away in Schedule 1 of the Scottish legislation.

To be fair, the taxi licensing stuff is reasonably self-contained and unwieldy. But the procedural stuff covers all the various civic licensing stuff (ie everything except liquor licenses) and most of it is in the Schedules.

Anyway, 14(2)(b) does specifically say that suspensions should be recorded in the register.

So I suppose that if licences in issue more generally can be put online, then it stands to reason that there's nothing to stop a list of suspensions going online either.

Image

https://www.legislation.gov.uk/ukpga/1982/45/schedule/1

Author:  Sussex [ Tue Feb 02, 2021 6:03 pm ]
Post subject:  Re: West Lothian Council's online list of suspended badges

Quote:
So I suppose that if licences in issue more generally can be put online, then it stands to reason that there's nothing to stop a list of suspensions going online either.

But these people don't have a license?

And say one or more of them were medically suspended/revoked? Is it fair to share that info with the world?

Author:  StuartW [ Tue Feb 02, 2021 6:33 pm ]
Post subject:  Re: West Lothian Council's online list of suspended badges

Sussex wrote:
But these people don't have a license?

And say one or more of them were medically suspended/revoked? Is it fair to share that info with the world?

Not saying I agree with it, just that if it's considered legal and acceptable to put the register entries online then no reason why suspended badges shouldn't be online. Indeed, it would be inconsistent not to do so.

As for the reasons for suspension/revocation, if the purpose of the register is to promote public safety then I don't think that should matter.

Again, not saying I agree with it. Don't think many councils put *any* register details online, though.

Author:  grandad [ Tue Feb 02, 2021 6:45 pm ]
Post subject:  Re: West Lothian Council's online list of suspended badges

StuartW wrote:
Sussex wrote:
But these people don't have a license?

And say one or more of them were medically suspended/revoked? Is it fair to share that info with the world?

Not saying I agree with it, just that if it's considered legal and acceptable to put the register entries online then no reason why suspended badges shouldn't be online. Indeed, it would be inconsistent not to do so.

As for the reasons for suspension/revocation, if the purpose of the register is to promote public safety then I don't think that should matter.

Again, not saying I agree with it. Don't think many councils put *any* register details online, though.

Not so long back, following a complaint of overcharging, it turned out that a driver here was suspended on medical grounds but because nobody knew, because there was no register for such things, he had been driving whilst suspended for months.

Author:  StuartW [ Tue Feb 02, 2021 7:10 pm ]
Post subject:  Re: West Lothian Council's online list of suspended badges

Grandad wrote:
Not so long back, following a complaint of overcharging, it turned out that a driver here was suspended on medical grounds but because nobody knew, because there was no register for such things, he had been driving whilst suspended for months.

Interesting. In fact I was thinking earlier that a public list of suspended drivers would be more useful for the trade than the public. Or at least useful in that the trade would be best placed to police the thing.

And, I mean, how many members of the public check these things out anyway. So to that extent does it really matter if suspended drivers are online? It's just names and badge numbers, no personal details.

Author:  heathcote [ Tue Feb 02, 2021 7:39 pm ]
Post subject:  Re: West Lothian Council's online list of suspended badges

StuartW wrote:
Sussex wrote:
But these people don't have a license?

And say one or more of them were medically suspended/revoked? Is it fair to share that info with the world?

Not saying I agree with it, just that if it's considered legal and acceptable to put the register entries online then no reason why suspended badges shouldn't be online. Indeed, it would be inconsistent not to do so.

As for the reasons for suspension/revocation, if the purpose of the register is to promote public safety then I don't think that should matter.

Again, not saying I agree with it. Don't think many councils put *any* register details online, though.



There are more TAXI and Private Hire registers on line than you think, but very few Councils if any keep a register with the details recorded as stated by the Acts of Parliament.
Councils who do not abide by the Acts in all probability are committing an offence.
London & Clydesdale Estates v Aberdeen District Council 1980 [WLR182]

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