VM not disclosing data

goz83

I made a data request to Virgin Media earlier this month to retrieve proof that I was given incorrect information during the chat, which resulted in a significant to me. I requested all details they held about me, or my account. I specifically mention chat history, phone calls and any notes they had put on my account.

The data request arrived today and the conversation I wanted is missing. I contacted VM and they have no record of it. However, there is a reference made about the relevant chat script in a chat I had a week later which proves that I wasn't dreaming this up.

The account notes are also missing. I am being told by VM that they don't have to release account notes, because they are business related. My argument is that the account notes are data about me and my account, so I should have them because I made a request for them. Am I wrong?

coylemj

You want to take some sort of a case against them and you'd like them to provide you with all of the evidence you require, gift wrapped and all.

The principle of the (US) 5th amendment applies here as well as in most countries.

goose06

coylemj wrote: »

You want to take some sort of a case against them and you'd like them to provide you with all of the evidence you require, gift wrapped and all.

The principle of the (US) 5th amendment applies here as well as in most countries.

No it doesn't.

OP they are required to release any personal data you have asked for under section 4 of the current DPA act but depending on how you phrased it there are ways to avoid giving you everything. Write back to them telling them you require all the information/data they have on you otherwise you will be left with no choice but to contact the ODPC and lodge a formal complaint against VM for withholding your personal data. Note they have 40 days to comply once you have paid the 6.35 charge.

goz83

goose06 wrote: »

No it doesn't.

OP they are required to release any personal data you have asked for under section 4 of the current DPA act but depending on how you phrased it there are ways to avoid giving you everything. Write back to them telling them you require all the information/data they have on you otherwise you will be left with no choice but to contact the ODPC and lodge a formal complaint against VM for withholding your personal data. Note they have 40 days to comply once you have paid the 6.35 charge.

My data request said:

Dear Sir,

I wish to make an access request under section 4 of the Data Protection Acts 1988 and 2003 for a copy of any information you keep about me, both written and audio, on computer, other storage device, or in manual form.

I am seeking all information kept with regards to my Virgin Media Mobile account xxxxxx since I signed up the service in February, or March 2017. I specifically want all copies of online chat, other digital records, summary notes relating to the account (including all notes input by the Customer Care team) and any phone calls which have been recorded.

Please send the information to my account address. Find the fee of €6.35 enclosed as requested.

Regards,

Goz83

The bolded part being the specific request for the notes they have withheld.



Update:

So the rep called me back. They managed to find the missing chat transcript and there was some acknowledgement over the phone that I was given wrong information. They are sending out the missing chat transcript to me, but they have missed out on other transcripts too and according to the rep, the person who deals with data requests has stood firm on not releasing the notes they put on my account. I said I would give them until Monday to change their mind before I make a complaint to the DPC. The rep I was chatting to was very professional and tried to help, so that much was appreciated and acknowledged by me.

Fred Swanson

This post has been deleted.

goz83

Fred Swanson wrote: »

This post has been deleted.

Ill give VM a chance to come clean and will write to their data controller before making an official complaint. At least then I will have offered them forewarning.

368100

coylemj wrote: »

You want to take some sort of a case against them and you'd like them to provide you with all of the evidence you require, gift wrapped and all. .

It's a little thing called your rights under Data Protection Acts 1988 and 2003

goose06

I'd ask them to specify what exemption they are using to withhold your personal data as there is fairly limited set of exemptions that they can use so they should be able to clarify exactly why they won't release it

goz83

goose06 wrote: »

I'd ask them to specify what exemption they are using to withhold your personal data as there is fairly limited set of exemptions that they can use so they should be able to clarify exactly why they won't release it

I have sent a follow-on complaint outlining their failings with the data request and have given them until Wednesday to make up their mind before I contact the DPC. They will probably be so tired halfway through the complaint that they will give me my data and a fat cheque to shut me up :P

dudara

A company can validly refuse to respond to a data access request (there are several grounds for exemption), but they should be able to show which basis they rely on to justify the refusal.

TBH, with a company the size & scale of VM, I’d say their processes are reasonably good and they must feel pretty secure in their reason for refusal. But who knows? Keep pushing until you get a clear answer, one way or the other.

Fighting Tao

Registered letter with the words Subject Access Request in the first paragraph. Request everything they have on you and give them a reasonable timeline while mentioning that you’ll escalate to the Data Protection Commissioner.

ANXIOUS

Fighting Tao wrote: »

Registered letter with the words Subject Access Request in the first paragraph. Request everything they have on you and give them a reasonable timeline while mentioning that you’ll escalate to the Data Protection Commissioner.

The act states the time frame and its getting shorter with the introduction of GDPR.