However, the force added that it would now meet with the developers of a lift-sharing app who earlier this week described the States police approach as heavy-handed.
Last year, the police announced that people suspected of offering illegal lifts – largely offered through the Jersey Lifts Facebook group – would have their information passed to insurance companies with a recommendation that their cover be withdrawn. The force also handed out leaflets to drivers advising them of the law.
However, Itineris – developers of the Jersey Lifts app, which is separate from the Facebook group – suggested that the force might be in breach of data protection laws if it passed drivers’ information to insurers.
Ben Lewis of Itineris wrote an open letter to police chief Rob Bastable criticising the tactics used and said that, as there had been no convictions relating to offering lifts, there was no basis on which the police could pass drivers’ details on to insurers.
To date, no insurance companies have been contacted by the police and the force has confirmed that it took legal guidance on data protection laws before launching the crackdown on illegal lift sharing – codenamed Operation Shadow.
Under the Data Protection Law, personal data can be handed over if it is for the ‘prevention, detection or investigation, anywhere of crime’.
Lift sharing is legal and drivers are allowed to take some money to cover the cost of the journey provided they do not make a profit. The police flyers warned drivers they could be breaking the law and invalidating their insurance if they charged more than 60p per mile – the Island’s ‘flat-rate mileage allowance’ – thereby making a profit on the journey.
In a statement, a police spokeswoman said: ‘The States of Jersey Police acknowledge the open letter from Itineris and reiterate that genuine lift-shares are not illegal under Jersey law.
‘What does remain a concern, however, are those drivers that choose to operate beyond that and to make a profit, therefore effectively becoming “unregulated transport”. This places the driver at risk of prosecution for insurance offences and operating a vehicle without a public service vehicle licence.
‘It also places the passengers at risk of being transported by an uninsured driver. The police also remain concerned for passengers being driven by individuals they do not know and are therefore potentially placing themselves at risk from the driver and also the condition of their vehicle’s road-worthiness.’
In 2014, 28 Islanders were formally questioned by police in connection with offering lifts for profit through the Jersey Lifts Facebook site but no charges were ever brought. At the time, 5,000 Islanders were part of the Facebook group. The group now has more than 14,000 members.
The spokeswoman added: ‘In advance of Operation Shadow, the police took appropriate advice on their intended action in respect of both the legal and Data Protection aspects of the initiative and since November have issued around 30 letters of advice to both drivers and passengers they suspect to be operating beyond a genuine ‘lift-share’. That said and in the interests of ensuring that the force support and promote all manner of safeguarding activities in this environment, arrangements will be made to meet with Itineris and discuss their letter.’
Deputy Information Commissioner Paul Vane said that they had not launched an investigation but ‘we reserve the right to change our position’ if evidence that the police had disclosed information came to light or a formal complaint was made.
