TV licence/Data protection

sasser

I moved into a brand new house a couple of months ago. I got a letter addressed to me telling me to buy a TV licence. My question is, how did they get my name? Why was it addressed to me only and not the other person I bought the house with? Where are they getting their info from?

Tom Young

I'd imagine as the postal service administer the function of payment and collection of TV Licence fees this might be linked to the assignment or notice of your change of address details to the local Post Office in your area. In relation to DP, its unlikely that there has been a breach in these circumstances, particularly if you had an existing TV licence which was being paid of facilitate via some other brach of the postal network.

Tom

sasser

Hi Tom,

Thanks for the reply. I didn't register any change of address as I was moving from parents house to this new house I also have never had a TV licence before. I'm baffled as the letter was addressed only to me, why not the other owner? The only thing I can think it might be is NTL - I rang up and got us connected and only my name is on that account. Does anyone know if NTL pass details along in this way?

seamus

Did you purchase a TV?

There was a discussion here before about it, and it turns out that when you buy a TV, the store must tell An Post about it. Something similar may exist for NTL.

However....When I moved into my place, I had signed up for NTL and received plenty of post, but the licence notice came to "The Resident". In my case, I'd imagine that they saw the previous owner had left and sent out the notice.

Other people have said that An post will take your name from the mail you've received to the house.

sasser

Hi Seamus,

I did buy a tv and give my details - however was not told that it would be passed on so they can't do that. Same with the post being delivered - have to collect the data in an appropriate manner I would presume.

Maximilian

They may have obtained your details from the Local Authority, possibly.

When you buy a house, a letter is usually sent by the Vendor of the house notifying the Local Authority of the new owner and instructing them to direct any future rates or charges to that person.

As to whether that register is in the public domain I don't know.

sasser

Ok, someone has pointed me to this:

The Data Protection Act does not apply to personal data which is "kept for the purposes of preventing, detecting or investigating offences, apprehending or prosecuting offenders or assessing or collecting any tax, duty or other monies owed or payable to the state "

Apparently this is how An Post get some of the names and details. But I still want to know where they are getting it from???

seamus

sasser wrote: »

Hi Seamus,

I did buy a tv and give my details - however was not told that it would be passed on so they can't do that.

The Data Protection Act doesn't apply where a company or body is required by law to provide your information to a state body. Strictly speaking they don't have to inform you that they're doing it either, as you don't have the option to ask them to not send it.
Same thing with this ISP legislation that's going through - the ISPs will be required by law to pass on details of your surfing to the state if requested, and there's no obligation to tell you or get your permission.

Same with the post being delivered - have to collect the data in an appropriate manner I would presume.

Same deal. If it's for statutory purposes, they're perfectly entitled to gather it.

Seeing as you bought a TV and I didn't, and the only difference in our notices was the name, I suspect that An Post got your details from the shop where you bought your TV.

Victor

sasser wrote: »

why not the other owner?

Maybe they just picked one.

Our man in Havana

Shops are not yet obliged to forward purchasers details to an post. The most likely source is the local postman or when the previous owner transferred his current licence to his new address, an post then assumed that the new occupants need a licence.

sasser

The Data Protection Act doesn't apply where a company or body is required by law to provide your information to a state body

Is it law that companies provide details of tv purchases? I just want to know where they got my name, but they won't tell me

seamus

sasser wrote: »

Is it law that companies provide details of tv purchases? I just want to know where they got my name, but they won't tell me

According to Bond, apparently not. I'd trust his opinion as he works in the area. There was a discussion on it recently, and it's definitely required in the UK, I thought I recalled that it was law here too, but perhaps not.

So we're back to the original assertion - chances are the previous owner transferred their TV licence to their new house. That flags up your place with an post as being without a TV licence. So they see from the mail going to the house that your name is on it - more importantly you have NTL bills with your name on them - and so they address it to you.

sasser

So we're back to the original assertion - chances are the previous owner transferred their TV licence to their new house. That flags up your place with an post as being without a TV licence. So they see from the mail going to the house that your name is on it - more importantly you have NTL bills with your name on them - and so they address it to you.

Its a brand new house in a new development so there was no previous owner. I've contacted the company I bought the tv from to see if they pass on details - just waiting to hear back from them. I don't understand why the tv licence people won't just say where they get the details if it's all above board

Belle Ende

Bond-007 wrote: »

Shops are not yet obliged to forward purchasers details to an post.

Interesting. Any proof (links?) of this, Bond-007? Does this apply both to bricks-n-mortar and to online shops?

Our man in Havana

There were proposals a couple of years ago to have shops and service providers such as NTL etc provide details of sales and subscriber lists to An Post. Nothing ever became of it.

Victor

sasser wrote: »

Its a brand new house in a new development so there was no previous owner.

Then everyone in the development got one of these letters and the picked the names from post.

April Raine

sasser wrote: »

I don't understand why the tv licence people won't just say where they get the details if it's all above board

Can't you make a Data Protection request to the tv licence people/an post for copies of all files relating to you and the answer may be among them.

sasser

Haven't bought the licence yet so can't make a request.

However, havesince found out that its NTL that pass the information on to An Post

Our man in Havana

There must be a nice kickback there.

smiler26

Quote from a UK company on this issue (not sure if it's the same in ireland)

******is fully aware that the Data Protection Act (DPA) places strict limits on what "data controllers" can and cannot do with their customers' records. Normally it would be illegal to pass on such information to any third party without the express consent of the customer.

However, the Wireless Telegraphy Act (1967) requires "any dealer who sells or rents TV receiving equipment (whether the equipment is new or second-hand) to notify TV Licensing within 28 days of each transaction, giving full details of the buyer or renter".

This means that the DPA does not apply in such cases. Thus, *******(and indeed all other UK retailers) are legally obliged to hand over the names and addresses of anyone who buys TV receiving equipment to TV Licensing.

Victor

Bond-007 wrote: »

There must be a nice kickback there.

Yeah, the make sure the cable bills / spam get through. :mad: