DPA/GDPR with lost property
DPA/GDPR with lost property
Author
Discussion

pavarotti1980

Original Poster:

6,347 posts

114 months

Thursday 20th December 2018
quotequote all
Not sure if there are any DPA/GDPR experts on here to give a bit of advice for something which wound me up more than being serious.

Mrs was shopping in Sainsburys last night and paid for her stuff at the self checkout and somehow managed to drop her bank card without realising and only noticed this morning on her way to work.

She rang Sainsburys and was told by their customer service person that the bank card had been found and handed in. However they stipulated that if it wasnt collected by the close of business tonight it would be automatically destroyed due to Data Protection Laws. She isnt able to go tonight to get it and they wont allow anyone to collect it on her behalf with a passport to prove it is the correct person

Now I'm no expert but it seems a little bit over zealous of them to destroy everything if not collected within 24 hours but surely this is a company policy and nothing to do with Data Protection and GDPR legislation?

TorqueVR

1,973 posts

229 months

Thursday 20th December 2018
quotequote all
So if she lost here purse would they destroy the purse, the banknotes, the cards and all else inside as well because of date protection? It's nuts.

pavarotti1980

Original Poster:

6,347 posts

114 months

Thursday 20th December 2018
quotequote all
TorqueVR said:
So if she lost here purse would they destroy the purse, the banknotes, the cards and all else inside as well because of date protection? It's nuts.
Seems that way. Aldi have form for it https://www.thesun.co.uk/news/6818838/aldi-custome... so maybe others follow suit.

I think data protection is just the new health & safety to cover everything.

FunkyGibbon

3,860 posts

294 months

Thursday 20th December 2018
quotequote all
Can't really see how it fits DPA/GDPR - however, I can understand they may have a policy that if a lost card is not collected in 24hrs to avoid any chance of mis-use of the card (or allegations of mis-use) they destroy the card.

However, a more useful policy would be for them to call the number on the back to the card issuer.


Derek Smith

49,821 posts

278 months

Thursday 20th December 2018
quotequote all
pavarotti1980 said:
Not sure if there are any DPA/GDPR experts on here to give a bit of advice for something which wound me up more than being serious.

Mrs was shopping in Sainsburys last night and paid for her stuff at the self checkout and somehow managed to drop her bank card without realising and only noticed this morning on her way to work.

She rang Sainsburys and was told by their customer service person that the bank card had been found and handed in. However they stipulated that if it wasnt collected by the close of business tonight it would be automatically destroyed due to Data Protection Laws. She isnt able to go tonight to get it and they wont allow anyone to collect it on her behalf with a passport to prove it is the correct person

Now I'm no expert but it seems a little bit over zealous of them to destroy everything if not collected within 24 hours but surely this is a company policy and nothing to do with Data Protection and GDPR legislation?
Ask what provision of the GDPR demands that the card be destroyed. It is possible that a decision has been made on some obscure paragraph.

Then tell them that it is your property and you are telling them that to destroy the card would be theft.

They have a lein on property found in their stores, but it does not five them a right to destroy it when the owner is available.


Graveworm

9,235 posts

101 months

Thursday 20th December 2018
quotequote all
It may be what the card issuer (and technically the card owner along with along with some of the data on the card) want them to do. Not sure about GDPR other than maybe they can't verify that the person calling is the card holder so may not be able to give permission re the personal data.

pavarotti1980

Original Poster:

6,347 posts

114 months

Thursday 20th December 2018
quotequote all
Derek Smith said:
Ask what provision of the GDPR demands that the card be destroyed. It is possible that a decision has been made on some obscure paragraph.

Then tell them that it is your property and you are telling them that to destroy the card would be theft.

They have a lein on property found in their stores, but it does not five them a right to destroy it when the owner is available.
I am calling in to collect it tonight along with passport so it will be interesting to find out what they say.

At the end of the day the only identifiable information is the title, initial and surname with no other identifiable information

geeks

11,657 posts

169 months

Thursday 20th December 2018
quotequote all
I think your missus has miss-understood, I would be surprised if the customer service people at my local supermarket could spell GDPR!

Chances are its a crossed wire and it's just a lost debit card, lets not get all company director now rolleyes

pavarotti1980

Original Poster:

6,347 posts

114 months

Thursday 20th December 2018
quotequote all
geeks said:
I think your missus has miss-understood, I would be surprised if the customer service people at my local supermarket could spell GDPR!

Chances are its a crossed wire and it's just a lost debit card, lets not get all company director now rolleyes
She passed the phone to me in a rage and i confirmed that was the reason.

SmoothCriminal

5,943 posts

229 months

Thursday 20th December 2018
quotequote all
Your wife should have reported it lost to her card issuer as soon as she realised so it doesn't matter if they destroy it after 24 hours as it will be useless.

No doubt you will be "in a rage" on the phone when the bank refuses to refund any unauthorised use because your misses hasn't reported it

pavarotti1980

Original Poster:

6,347 posts

114 months

Thursday 20th December 2018
quotequote all
SmoothCriminal said:
Your wife should have reported it lost to her card issuer as soon as she realised so it doesn't matter if they destroy it after 24 hours as it will be useless.

No doubt you will be "in a rage" on the phone when the bank refuses to refund any unauthorised use because your misses hasn't reported it
I told her to do that but she just ignored that bit so let her get on with it. Not my money as not joint account smile

Vaud

59,535 posts

185 months

Thursday 20th December 2018
quotequote all
Technically it isn't "her card". It belongs to the bank. It may be their guidance to the retailers.

Years ago when I worked in retail we were advised not to return cards, but to advise the customer to report them as as lost. IIRC we were advised to cut them up (the card, not the customer) and post them back to the issuer. It is a LONG time ago and I may have misremembered.

pavarotti1980

Original Poster:

6,347 posts

114 months

Thursday 20th December 2018
quotequote all
Vaud said:
Technically it isn't "her card". It belongs to the bank. It may be their guidance to the retailers.

Years ago when I worked in retail we were advised not to return cards, but to advise the customer to report them as as lost. IIRC we were advised to cut them up (the card, not the customer) and post them back to the issuer. It is a LONG time ago and I may have misremembered.
Technically it isnt lost either biggrin

CzechItOut

2,156 posts

221 months

Thursday 20th December 2018
quotequote all
I think "data protection" and/or GDPR are just general catch-alls used by retailers because most customers are aware of them. There are however very strict rules for the handling of payment cards by retailers (know as PCI DSS) and most retailers have a policy which requires lost cards to be stored securely, handled by 2 members of staff and destroyed after 24 hours.

mr mac i

274 posts

213 months

Thursday 20th December 2018
quotequote all
Just to echo the comments above, when I worked in retail you called the card issuer who would invariably tell you to cut the corner off and send it to them.
Exactly the same process as for a card they asked you to retain when you called to authorise a transaction.... without the wee reward.

The Identity and Passport Service instruct the same with passports as lost property as it is deemed to be compromised once out of the holder's possession..... that is always a 'fun' conversation to have.

Edited by mr mac i on Thursday 20th December 11:25

Vaud

59,535 posts

185 months

Thursday 20th December 2018
quotequote all
pavarotti1980 said:
Technically it isnt lost either biggrin
Technically she wasn't in control of the card (or whatever the term is) that is a condition of issue (I forget the small print)

pavarotti1980

Original Poster:

6,347 posts

114 months

Thursday 20th December 2018
quotequote all
Vaud said:
Technically she wasn't in control of the card (or whatever the term is) that is a condition of issue (I forget the small print)
Lots of technicalities eh

Vaud

59,535 posts

185 months

Thursday 20th December 2018
quotequote all
pavarotti1980 said:
Lots of technicalities eh
Technically, yes.

wink

pavarotti1980

Original Poster:

6,347 posts

114 months

Thursday 20th December 2018
quotequote all
Vaud said:
Technically, yes.

wink
smile

Red 4

10,744 posts

217 months

Thursday 20th December 2018
quotequote all
pavarotti1980 said:
She passed the phone to me in a rage and i confirmed that was the reason.
High maintenance ?

I'd be thankful that someone had handed the card in, the store had taken charge of it and there were no fraudulent transactions.

The store is looking out for your best interests and 24 hours to collect is not unreasonable.

Does your missus work 24 hours a day ?

There's no reason to fly into a rage with the store staff on the other end of the phone.

If it was my missus then I'd be putting her straight and telling her to be more careful in future.
(I'd actually have no need to - my Missus generally doesn't do rage or treat people like that and would accept it was actually her own fault).