GDPR - might keep the banks and DCAs etc at bay (legally)

by **Mrblue2015** Sat May 05, 2018 10:35 am

Morning all,

For those who don't know, the EU General Data Protection Regulation (EU GDPR) comes into force from 25th May which enforces legal requirements in relation to the processing your personal data.

I have started to received emails from organisations saying the need me to [explicetly] opt in for them to continue to contact me. Hopefully this means that sooner or later you'll get emails and/or letters from the banks and DCAs to also ask you to opt in. In which case, I'm hoping that (obviously...) if we don't opt in, they can't contact us any more...

Maybe I'm being too optimistic but there's surely a good possibility it won't be far from the truth! Here's hoping anyway...

Regards

MrBlue2017 (long serving member under the original GOODF site).

by LCVJC Sun May 06, 2018 9:48 am

https://www.itgovernance.co.uk/data-protection-dpa-and-eu-data-protection-regulation?utm_source=bing&utm_medium=ads&utm_campaign=EU_GDPR_Generic&msclkid=8fc1d03daded172033bf8ad31234017e

More information here.

by Curly Bill Tue May 08, 2018 11:50 pm

Use GDPR as hard as you can, while you can. Go around asking companies what data they have on you, then tell them to delete that data. Knowing the UK these laws might not be around for long once we leave the EU.

by **Mrblue2015** Wed May 23, 2018 8:36 pm

Exactly. Organisations now need our explicit permission to opt in to allowing the to process our data / contract (harass...) us.

Unsurprisingly, despite the many many GDPR emails I have received from various companies re-asking for our permission to process our data, I've had none from any of the banks or DCAs etc.. Hmmmmm.... They're probably scratching their heads (one can only hope!!)

by **Lopsum** Thu May 24, 2018 12:43 am

bit more info here
https://ico.org.uk/for-organisations/guide-to-data-protection/key-definitions/

by jss64 Thu May 24, 2018 5:23 am

Mr Blue
You took the words right out of my mouth.
None of the DCA's that were hassling me earlier this year have contacted me regarding GDPR. Not a peep, the silence is deafening.

by **daveiron** Thu May 24, 2018 7:06 am

This may be useful, watch all.

by Guest Thu May 24, 2018 7:59 am

by **daveiron** Thu May 24, 2018 9:21 am

Hi ALAB,

had a quick look through that link ,first impressions are in my opinion not very favorable ,guess a lot comes down to what definitions they are using.
Throughout they are using terms such as ,legal entities,natural persons,citizens etc. & as we know definitions vary between various legal dictionaries .
Other than maybe direct marketing ,I dont see much change.

by Guest Thu May 24, 2018 11:32 am

by pieintheskywhenIdie Thu May 24, 2018 12:28 pm

Mrblue2017 wrote:Exactly. Organisations now need our explicit permission to opt in to allowing the to process our data / contract (harass...) us

Unfortunately that's not strictly correct, GDPR allows personal information to be held and processed as long as one of six different justifications applies, and of those six only one needs consent. I think that DCAs are likely to claim "Legitimate Interest" as their justification, and that doesn't need consent.

Looking more positively, I wonder if it could help where a debt has been sold? You could make the case that the original creditor no longer has a legitimate interest since they no longer own the debt.

by **Mrblue2015** Wed May 30, 2018 11:24 pm

Thank you all for your additional comments. As per pieintheskywhenIdie's comment and the FCA rule change video above, it looks like we'll have little luck haha.

Isn't it amazing what they'll do to stay in power and even more amazing how the government turns a blind eye... wait, that's not amazing when you think about it ;-)

by **daveiron** Fri Jun 01, 2018 6:17 pm

I have for the past month or so ,been receiving daily calls from a DCA . This DCA has previously stated they consider the debt uninforceable . (the calls were not answered as I have a true call system)

However these calls have suddenly stopped on the 22nd .maybe there is something in the GDPR .
Has anyone else experienced this ?

by **Mrblue2015** Tue Jul 31, 2018 2:16 pm

I referred to the GDPR in a letter to a DCA - and they didn't even so much as acknowledged it in their response... They're above the law don't you know! Scum...

"Any fight against a corrupt system that is trying to extort money out of you at the expense of your loved ones, including your children, is worth fighting for!"[size=08][/size]

by **LionsShare** Tue Jul 31, 2018 4:45 pm

in answer to the main title of this thread: not too sure it will, how? after seeing litriture from several banks on this subject of privacy, the main things they seem to be able to do is "pass on" your details to companies that might be interested in selling something?

what have others seen or experienced?

by Ausk Thu Aug 02, 2018 8:53 am

Curly Bill wrote:Use GDPR as hard as you can, while you can. Go around asking companies what data they have on you, then tell them to delete that data. Knowing the UK these laws might not be around for long once we leave the EU.

When they have written back to you saying they have deleted all your data you might choose to send them back a simple affidavit which lists the data they said they held and a statement that they have conducted a through search and the above listed data constitutes the entire amount of data they had.

Request the affidavit be signed by the CEO or CFO as they the only officers who can bind the organisation in law.

They may not deliver these goods but at least you have attempted to secure objective evidence they have exercised appropriate due diligence but that they declined to provide it.

Keeping copies of such documentation is at least some evidence you have asked them for it should more of your data emerge or originate from that organisation in the future.

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