Selling bike with paperwork - GDPR
Selling bike with paperwork - GDPR
Author
Discussion

bunchofkeys

Original Poster:

1,300 posts

97 months

Friday 7th August 2020
quotequote all
Just a quick question, which i hope someone can answer.

If i were to sell a motorbike, which has pages of invoices that have accumulated over the years (not just my own).
Do i need to go through each page and black out the details of the previous owners? So that would be addresses, email address, mobile number etc?
Pre GDPR i guess this was never an issue.



QuickQuack

2,811 posts

130 months

Friday 7th August 2020
quotequote all
It's not an issue with GDPR either, you don't need to do any crossing out.

I'm not a lawyer but I am the GDPR lead for my organisation.

bunchofkeys

Original Poster:

1,300 posts

97 months

Friday 7th August 2020
quotequote all
Brill, thanks for that.

Foliage

3,861 posts

151 months

Friday 7th August 2020
quotequote all
GDPR only applies to businesses and its employees

QuickQuack

2,811 posts

130 months

Friday 7th August 2020
quotequote all
Foliage said:
GDPR only applies to businesses and its employees
Sorry, but that's not correct. GDPR applies to data controllers and data processors which may be a business, a public body, a group, a charity, a private individual or anything/anyone else who comes within the definition of a data controller or a data processor.

QuickQuack

2,811 posts

130 months

Friday 7th August 2020
quotequote all
I meant that in a friendly manner, I'm not trying to be condescending, so I probably should've put a smiley face at the end. smile

Pothole

34,367 posts

311 months

Friday 7th August 2020
quotequote all
QuickQuack said:
Foliage said:
GDPR only applies to businesses and its employees
Sorry, but that's not correct. GDPR applies to data controllers and data processors which may be a business, a public body, a group, a charity, a private individual or anything/anyone else who comes within the definition of a data controller or a data processor.
Half an answer. Does the seller in the above scenario qualify for the definition?

Caddyshack

14,799 posts

235 months

Friday 7th August 2020
quotequote all
I think this is taking Gdpr way too far and not in the spirit of what it is trying to protect.

Ignore it IMO.

QuickQuack

2,811 posts

130 months

Friday 7th August 2020
quotequote all
Pothole said:
QuickQuack said:
Foliage said:
GDPR only applies to businesses and its employees
Sorry, but that's not correct. GDPR applies to data controllers and data processors which may be a business, a public body, a group, a charity, a private individual or anything/anyone else who comes within the definition of a data controller or a data processor.
Half an answer. Does the seller in the above scenario qualify for the definition?
No it isnt because that was an answer to the statement that GDPR only applies to businesses and their employees. The other half you're looking for is in my first post.

If you're going to be flippant, then go and read the regulations yourself (here you go https://eur-lex.europa.eu/legal-content/EN/TXT/?ur... ) or pay to ask someone.

Dimebars

1,078 posts

123 months

Friday 7th August 2020
quotequote all
I've come across this with a used Boxster I'm interested in.

Dealer says they've taken nothing from the previous owner in terms of receipts and invoices due to GDPR. Now there is no proof of any work done other than routine servicing. I'd expect receipts fot brakes, suspension work, clutches etc

Pothole

34,367 posts

311 months

Friday 7th August 2020
quotequote all
QuickQuack said:
Pothole said:
QuickQuack said:
Foliage said:
GDPR only applies to businesses and its employees
Sorry, but that's not correct. GDPR applies to data controllers and data processors which may be a business, a public body, a group, a charity, a private individual or anything/anyone else who comes within the definition of a data controller or a data processor.
Half an answer. Does the seller in the above scenario qualify for the definition?
No it isnt because that was an answer to the statement that GDPR only applies to businesses and their employees. The other half you're looking for is in my first post.

If you're going to be flippant, then go and read the regulations yourself (here you go https://eur-lex.europa.eu/legal-content/EN/TXT/?ur... ) or pay to ask someone.
Or you could just be clear and not arsey?

jimbobs

434 posts

285 months

Friday 7th August 2020
quotequote all
QuickQuack said:
No it isnt because that was an answer to the statement that GDPR only applies to businesses and their employees. The other half you're looking for is in my first post.

If you're going to be flippant, then go and read the regulations yourself (here you go https://eur-lex.europa.eu/legal-content/EN/TXT/?ur... ) or pay to ask someone.
It’s certainly worth noting that, right at the beginning, the regulations specifically say that they DO NOT apply to the ‘processing of personal data’:
“ (c) by a natural person in the course of a purely personal or household activity;”

So the earlier statement that GDPR only applies to businesses is close enough to the truth to apply 99% of the time, and the redaction of the service history is absolutely not required.

(IANAL, but I do work in financial services compliance).

jondude

2,441 posts

246 months

Saturday 8th August 2020
quotequote all
When I returned to the UK I took a Virgin line/net connection and 24 hours later some friendly Indians were offering me the same package but at half price. They knew all my details and the package I'd taken.

I nearly fell for it - was only the Indian accent and a gut feeling it had to be a scam that stopped me.

Yesterday I cancelled with Virgin. So far today I have had 3 Indian accent calls offering me a brilliant deal with Virgin.


Now while I am sure there are some good people out there being careful with our data, the above is hardly unknown to many.

Data protection my backside.

anonymous-user

83 months

Saturday 8th August 2020
quotequote all
Dimebars said:
I've come across this with a used Boxster I'm interested in.

Dealer says they've taken nothing from the previous owner in terms of receipts and invoices due to GDPR. Now there is no proof of any work done other than routine servicing. I'd expect receipts fot brakes, suspension work, clutches etc
This is quite normal now.

Most dealerships just bin all documents, receipts and invoices that come with a car, and keep just the ‘factory’ documents such as the service book if it has one.

The so this quite simply to avoid giving the names and address of all the previous owners to a new person, who may then proceed to contact or ‘hassle’ the previous owners.

I’ve had it recently where I got a recorded delivery letter though the post from someone who had acquired one of my old Porsches and had written to me after finding my name and address on some of the invoices. It didn’t bother me personally, but some people wouldn’t like it.

Centurion07

10,395 posts

276 months

Saturday 8th August 2020
quotequote all
jondude said:
When I returned to the UK I took a Virgin line/net connection and 24 hours later some friendly Indians were offering me the same package but at half price. They knew all my details and the package I'd taken.

I nearly fell for it - was only the Indian accent and a gut feeling it had to be a scam that stopped me.

Yesterday I cancelled with Virgin. So far today I have had 3 Indian accent calls offering me a brilliant deal with Virgin.


Now while I am sure there are some good people out there being careful with our data, the above is hardly unknown to many.

Data protection my backside.
Virgin outsourced a lot of their work to India a few years ago.

My missus went out there to train her replacement. rolleyes

98elise

32,573 posts

190 months

Saturday 8th August 2020
quotequote all
jondude said:
When I returned to the UK I took a Virgin line/net connection and 24 hours later some friendly Indians were offering me the same package but at half price. They knew all my details and the package I'd taken.

I nearly fell for it - was only the Indian accent and a gut feeling it had to be a scam that stopped me.

Yesterday I cancelled with Virgin. So far today I have had 3 Indian accent calls offering me a brilliant deal with Virgin.


Now while I am sure there are some good people out there being careful with our data, the above is hardly unknown to many.

Data protection my backside.
Virgins call center is in India. When they fked up my internet I could only speak to their Indian call center, and they had no clue how routers or wi-fi worked.

I've had them call me on occasion trying to sell me extras and it always sounds like a scam call!

Pothole

34,367 posts

311 months

Saturday 8th August 2020
quotequote all
I've got quite a lot of paperwork for the bike I'm trading in shortly (I hope shortly). I was wondering about this situation. I'm going to ask the sales guy, who seems a decent sort. If he says they bin it as a matter of course I'm going to keep it and put a sticker under the seat (or somewhere) with my mobile number on it and a message for the new owner to text me their address.

QuickQuack

2,811 posts

130 months

Saturday 8th August 2020
quotequote all
jimbobs said:
It’s certainly worth noting that, right at the beginning, the regulations specifically say that they DO NOT apply to the ‘processing of personal data’:
“ (c) by a natural person in the course of a purely personal or household activity;”

So the earlier statement that GDPR only applies to businesses is close enough to the truth to apply 99% of the time, and the redaction of the service history is absolutely not required.

(IANAL, but I do work in financial services compliance).
Indeed, collecting, storing and using that data does not make one a data controller as far as the regs are concerned. However, GDPR applies to public bodies as well as businesses. The NHS, hospitals, councils, schools, police, social services etc are not businesses, but they have to comply with GDPR. Also, if a private householder puts up a CCTV camera which captures images beyond their own boundary, they become a data controller and have to comply with GDPR too, so even a private householder may have to comply. Those certainly make up more than 1% of those who have to abide by GDPR.

anonymous-user

83 months

Sunday 9th August 2020
quotequote all
Pothole said:
I've got quite a lot of paperwork for the bike I'm trading in shortly (I hope shortly). I was wondering about this situation. I'm going to ask the sales guy, who seems a decent sort. If he says they bin it as a matter of course I'm going to keep it and put a sticker under the seat (or somewhere) with my mobile number on it and a message for the new owner to text me their address.
If they discard paperwork, then they will most certainly peel a sticker off that has your phone number in it and a request for the new owner we to contact you.

It will be immediately viewed as suspicious. Potentially you could be wanting to ‘alert’ the new owner to faults with the bike, and the dealership won’t want to take that chance.

You have to know how dealerships and car salesmen think. The do not want any evidence of any history whatsoever with any vehicle, good or bad.

If it’s a classic car or something special or suchlike then yes, they will often give you a big file of paperwork to show that it has been cared for over the years, or had a new gearbox or whatever, but for 95% of ‘normal’ cars, the dealership simply wants you to know nothing of its history and you buy it on its merits parked there in front of you on a forecourt.

They don’t want you knowing it’s had a new gearbox/engine, been painted, had ceramic coating, or anything else.

Pit Pony

11,274 posts

150 months

Sunday 9th August 2020
quotequote all
Caddyshack said:
I think this is taking Gdpr way too far and not in the spirit of what it is trying to protect.

Ignore it IMO.
I attempted to get the full service history off a one owner car from.a main dealer and they would only give me a stamped up service book.
I wanted to know what else had been done.
Refused on data protection grounds. FFS I don't want to know the name and address of the giffer who owned it, just whether the cam belt had been replaced at all due to age or mileage. Otherwise it was due one.