Question about DVLA and medical condition

Convicted Driver Insurance

barriewilson12

New Member
Hello I have noticed a few previous topics posted on drivers with Epilepsy, and some very useful responses. I am relatively new to the forum and this is my first post.

I have been seizure free for over two years and am now in the process of applying for my DVLA Provisional Licence for car driving. The online application requests me to disclose whether I have a relevant condition such as epilepsy, which is fine, but towards the end of the form it also gives the option of YES or NO to consent to the DVLA accessing my medical records and consulting with my GP.

Now at this time I am both in the process of raising a cross action with various patients against GP for negligence (lack of medical treatment, appointments, etc.), and have a number of other sensitive topics on my files which overlap with my epilepsy.

I am positively sure that I do not wish for the DVLA to access my GP records because of privacy and because of possible twisted victimising actions by my GP personally, or on my records. The GPs involved are really pushed into a hostile defensive corner so to speak, and lashing out defensively at patients since the practice came into the public spotlight for malpractice scandal.

Therefore I am currently of the mind to disclose my epilepsy to the DVLA as required, but also tick the NO box for access to my medical records. My understanding of data laws is that it is a criminal offence for anyone or any body to insist that disclosure of personal data is mandatory, but I am unsure if the DVLA are privileged with any sort of exemption.

If it was mandatory then I don't see why the DVLA offer the option of YES or NO in the first place when it comes to record disclosure. If it is possible to apply but also possible to say NO, then it seems it is not a mandatory aspect? As I understand it, it is also an offence if someone is disadvantaged for not releasing personal data (ie. refused a licence). I am rather confused by the whole situation, because I am sure my licence cannot be refused on those grounds, but at the same time - it is the DVLA.

I hope someone better informed than I may be able to guide me on what is mandatory and what is not and whether the DVLA have any exemption when it comes to GDPR specifically in this regard?

What I am sure of is that I care little for the apparent objectivity and specificity of the DVLA when it comes to what they will and will not access. I simply just don't want the DVLA accessing my own records created by that GP, nor to interact with the GP at all.

Thank you in advance.
 
You are entitled to refuse access to your medical records, but how will you evidence being free from fits for the required amount of time or confirm that you are taking relevant medication?

I think that if you do refuse then the medical process that DVLA will require you to undertake could be protracted and with each request, then medical, then assessment taking a long time in the current COVID and strike environment, you could be facing a MUCH longer wait before you can get a provisional licence that if you allow access to your GP records.
 
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