As a member of the National Anti-Fraud Network (NAFN), the Council as licensing authority, has access to the NR3 register to record details of hackney carriages (taxis) and private hire vehicle driver licences refused or revoked by it and to check new driver applications against the NR3 register.
The NR3 register is only available for searching by licensing authorities, who are members of the NAFN.
The Local Government (Miscellaneous Provisions) Act 1976 (sections 51, 59 and 61 respectively) and section 46 Town Police Clauses Act 1847 empowers the licensing authority to refuse to grant a private hire/hackney carriage driver’s licence unless it is satisfied that the applicant is a fit and proper person to hold such a licence.
The’ fit and proper test’ is approached by us considering the purpose of the legislation – regulatory compliance and public safety – we are free to take into account any factor which we consider goes to the driver's fitness and propriety.
Taxis and private hire vehicles are used by vulnerable members of society e.g. the young, elderly, persons with physical or mental disability etc. The trustworthiness of the driver is of crucial importance. As licensing authority, we have a positive duty to satisfy ourselves of the fitness of an applicant before granting the licence.
Processing activity- applying to dual hackney carriage and private hire driver licence and a private hire only driver licence - most of the personal information we hold about you is provided by you in your licence application(s) and supporting document(s). See our Privacy Notice for Hackney Carriages (black taxis) and Private Hire Vehicles (mini cabs) Licensing
Your application will be checked against the NR3 register and any relevant information will be taken into account in assessing the application. Where an application is refused, or where a licence is granted, but subsequently revoked, this information will be entered onto the NR3 register.
The information recorded on NR3 register is limited to basic details to identify you as the driver:
- date of birth
- address and contact details
- national insurance number
- driving licence number
- decision taken
- date of decision
- date decision effective
Lawful bases -our lawful basis for processing your personal information (other than convictions data) is that it is necessary for the performance of a task in the public interest or in the exercise of official authority vested in us under Article 6(1)(e) UK GDPR and DPA 2018, section 8(c) in service to the Local Government (Miscellaneous Provisions) 1976 (section 55 (applications for private hire operators) and section 59 (applications for a hackney carriage driver’s licence)).
Any information about criminal convictions and offences will be processed where necessary for reasons of substantial public interest (UK GDPR Articles 9(2)(g) and 10 as supplemented by DPA 2018 section 10(5) & Schedule 1, Part 2, paras. 6(1) and (2)(a))
We have a Data Protection Policy that sets out how this information will be handled.
Data processor- Tameside Metropolitan Borough Council (TMBC) hosts the NR3 register on behalf of the NAFN .As data processor, TMBC facilitates licensing authorities’ input of data onto the NR3 register to assist them when undertaking activities under sections 51, 59 and 61 Local Government (Miscellaneous Provisions) Act 1976 and section 46 Town Police Clauses Act 1847.
Data sharing - We share information with TMBC. We may share with and receive information from other licensing authorities who are members of the NAFN.
Retention period - we will retain a written record:
- of every search that is made by us of the NR3 register, for 25 years;
- of every request made to us, by another licensing authority, for 25 years;
- of every request made by us to another licensing authority, following discovery of a ‘match’ by us in the NR3 register, for 25 years;
- of any information that is received by us from any other licensing authority in relation to an application, for 35 days (calculated from the date of the service of the written notification of the determination of the application by us);
- of litigation proceedings, for 35 days after the date of determination or withdrawal of the proceedings.
Right to object – As the purpose of the NR3 register is to protect the public by better informing the licensing authority as to a driver's fitness and propriety, the UK GDPR and the Data Protection Act 2018 (Schedule 2, Part 2, para.7 2(a)&(b) and 4(b)) set out exemptions from the right to object where the function is designed to protect members of the public against dishonesty, malpractice or other seriously improper conduct, or unfitness or incompetence and to protect persons other than those at work, against risk to health or safety arising out of or in connection with the action of persons at work.
Where processing your personal information is required for the performance of a public interest task (see our lawful bases above), you have the right to object on ‘grounds relating to your particular situation’. Usually, we will have to demonstrate why it is appropriate for us to continue to use your personal data.
Changes to this Privacy Notice – we review this Privacy Notice regularly and will place updates on our website
Please refer to our Corporate Privacy Notice for further details of how we process your personal information and your rights.