and so what if they are?
To many, that a number plate’ is blatantly, necessarily (by law) displayed on the outside of a vehicle, often parked outside of the owner’s home, suggests a VRM is clearly personal data.
However, the ICO thinks differently, in some respects. It is the anomaly which can prove beneficial to some … and cause questions to be raised as to why all plates are not treated equally.
The Decision Notice FS50186040, issued by the Information Commissioner’s Office (ICO) on 23 November 2009, addressed a request to the Metropolitan Police Service (MPS) for Vehicle Registration Marks (VRMs) of stolen and recovered Volkswagen Golfs and Golf R32s in 2006.
The MPS refused disclosure citing ‘VRMs are personal information’.
The requestor* challenged the stance.
The ICO concluded that VRMs associated with individuals and sole traders constitute personal data and are exempt from disclosure under Section 40(2) of the Freedom of Information Act 2000 (FOIA).
- However, VRMs linked to corporate entities were not considered personal data and were ordered to be disclosed.
Subsequently, the MPS appealed this decision to the First-tier Tribunal (Information Rights), registered under case number EA/2010/0006. The Tribunal’s decision, dated 29 April 2010, resulted in the appeal being withdrawn. This withdrawal indicates that the original Decision Notice was not overturned or superseded by a higher authority.
Therefore, as of now, it appears Decision Notice FS50186040 remains valid and has not been superseded. It continues to serve as a reference point for the ICO’s stance on the disclosure of VRMs under FoIA.
The decision may be considered disappointing by some but, glass half-full, it is a start.
From an enquiry/request perspective, it effectively means information about vehicles registered to corporate entities, Limited Companies, can be requested by use of the FoIA.
This has proved useful when seeking information from Public Authorities such as taxi licensing firms; requesting vehicle histories.
*the author of this website