Tracker data- subpoenable ?
Discussion
I have tried in vain to request clarity from 2 Tracker companies... cant get a reply.
I am asking, under my GDPR rights, will they delete my tracker historical data, so that if the data was Subpoena'd by a court, they could not have it to hand over, i.e its been permanently deleted.
It does not feel right that they have the data stored and your every speeding moment could be recalled in future. Anyone ekse thinking same ?
I think they do keep it and will never permanently delete it....we need a secret on/off switch to it;
I am asking, under my GDPR rights, will they delete my tracker historical data, so that if the data was Subpoena'd by a court, they could not have it to hand over, i.e its been permanently deleted.
It does not feel right that they have the data stored and your every speeding moment could be recalled in future. Anyone ekse thinking same ?
I think they do keep it and will never permanently delete it....we need a secret on/off switch to it;
You'll probably get chastised here, but it's a fair point.
Same with your smart phone though, I bet Google and apple could provide an itemised account of your life to compare to whatever gov database already has on you.
Just depends on the size of the crime and effort required by the authorities to dig into you!
Same with your smart phone though, I bet Google and apple could provide an itemised account of your life to compare to whatever gov database already has on you.
Just depends on the size of the crime and effort required by the authorities to dig into you!
Subpoena 'd Tracker history data could seriously hurt a real pistonheader's future, if a court uses it against them.
Google /apple speed data a lot harder to get and phones can always be switched off or left behind.
Just saying, in this ever increasing digital prison people should know a big file is there to be grabbed...could even lead to them going to jail...
Google /apple speed data a lot harder to get and phones can always be switched off or left behind.
Just saying, in this ever increasing digital prison people should know a big file is there to be grabbed...could even lead to them going to jail...
Yes one of them has responded after I got hold of the GDPR representative at the company. They were v helpful saying they reviewing with their lawyers and will reply soon.
I agree, as it serves no purpose after a short while ( i.e car not stolen) then they should erase the obsolete data permanently, especially on a GDPR request.
But possibly (hopefully not) it is being sold to an authority / it has value as "surveillance" data... some agency or other could be buying it.(i mean look what was really going on in twitter till Musk bought it) .... people have a right to know one way or another...
I agree, as it serves no purpose after a short while ( i.e car not stolen) then they should erase the obsolete data permanently, especially on a GDPR request.
But possibly (hopefully not) it is being sold to an authority / it has value as "surveillance" data... some agency or other could be buying it.(i mean look what was really going on in twitter till Musk bought it) .... people have a right to know one way or another...
Once your in court and they have the data they can ask if you or your partner) was driving.
If you lied - its perjury and mandatory jail.
If you "dont know" there should be plenty of journeys in the data where you were speeding, so a jury can say some or all is you, beyond a reasonable doubt.
So then you *could* look like a nutter pistonheads speeder, and so on the basis of the subpoena'd data, you are going to jail....
If you lied - its perjury and mandatory jail.
If you "dont know" there should be plenty of journeys in the data where you were speeding, so a jury can say some or all is you, beyond a reasonable doubt.
So then you *could* look like a nutter pistonheads speeder, and so on the basis of the subpoena'd data, you are going to jail....
Oceanrower said:
speedbird1000 said:
If you lied - it’s perjury and mandatory jail.
Absolute b
ks. Mandatory means it WILL happen.
If we use your sample of one then, yes, it’s mandatory.
If you include the thousands of cases where people commit perjury and don’t go to jail then it’s not mandatory.
Understand?
Trackers of old only responded when interrogated, as there wasn't a cost effective "always on" option for data. So, nothing to log and worry about.
If such a service still exists, use one of those instead.
(Edited as read OP as wanting to know what existing tracker data is being retained).
If such a service still exists, use one of those instead.
(Edited as read OP as wanting to know what existing tracker data is being retained).
speedbird1000 said:
I have tried in vain to request clarity from 2 Tracker companies... cant get a reply.
I am asking, under my GDPR rights, will they delete my tracker historical data, so that if the data was Subpoena'd by a court, they could not have it to hand over, i.e its been permanently deleted.
It does not feel right that they have the data stored and your every speeding moment could be recalled in future. Anyone ekse thinking same ?
I think they do keep it and will never permanently delete it....we need a secret on/off switch to it;
How much over the speed limit were you going?I am asking, under my GDPR rights, will they delete my tracker historical data, so that if the data was Subpoena'd by a court, they could not have it to hand over, i.e its been permanently deleted.
It does not feel right that they have the data stored and your every speeding moment could be recalled in future. Anyone ekse thinking same ?
I think they do keep it and will never permanently delete it....we need a secret on/off switch to it;
Oceanrower said:
Oceanrower said:
speedbird1000 said:
If you lied - it’s perjury and mandatory jail.
Absolute bks. Mandatory means it WILL happen.
If we use your sample of one then, yes, it’s mandatory.
If you include the thousands of cases where people commit perjury and don’t go to jail then it’s not mandatory.
Understand?
Without a view on the rights or wrongs of this specific case it’s worth pointing out that even if the entity in question deleted the tracking data it would very likely be recreatable from the system backups for whatever the backup retention period is.
I guess the severity of the incident would be the key to the police requesting or not the backups.
I guess the severity of the incident would be the key to the police requesting or not the backups.
Yes I am thinking the data is up backed up in the cloud where it then maybe virtually impossible to erase, therefore, it can always be retrieved via a subpoena.
Any right to have it permanently erased under GDPR (if such a right exists?) will bot be / cannot hence be fulfilled ?
Idea is before any incident to request have data erased permanently, after say a week for peace of mind, question is... is it or can it be erased, so it not available to any hopefully unlikely future subpoena.
Any right to have it permanently erased under GDPR (if such a right exists?) will bot be / cannot hence be fulfilled ?
Idea is before any incident to request have data erased permanently, after say a week for peace of mind, question is... is it or can it be erased, so it not available to any hopefully unlikely future subpoena.
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