GDPR question - as an end user not someone holding the data.

GDPR question - as an end user not someone holding the data.

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TonyRPH

Original Poster:

12,971 posts

168 months

Thursday 24th May 2018
quotequote all
This past 2 months or so, I have been receiving emails about GDPR.

A couple of questions:

Do companies have to remove my data by default?

Some of the emails contain an unsubscribe link, but the cynical side of me is viewing this as phishing.

So, do I need to request removal, or should they just 'forget' me by default? (I was under the impression it was the latter.)

TIA.

acd80

745 posts

145 months

Thursday 24th May 2018
quotequote all
TonyRPH said:
This past 2 months or so, I have been receiving emails about GDPR.

A couple of questions:

Do companies have to remove my data by default?

Some of the emails contain an unsubscribe link, but the cynical side of me is viewing this as phishing.

So, do I need to request removal, or should they just 'forget' me by default? (I was under the impression it was the latter.)

TIA.
If they can satisfy one of the 6 lawful bases for processing, then they don't have to delete the data. Consent is only one of the 6.

Article 6 (1) refers to this.

https://gdpr-info.eu/art-6-gdpr/

https://ico.org.uk/for-organisations/guide-to-the-...

This will tie in with the UK Gov's Data Protection Bill (when it gets signed off in the Houses).

Penelope Stopit

11,209 posts

109 months

Friday 25th May 2018
quotequote all
Hello TonyRPH

My inbox has been very busy with these over the last 2 days, I've been deleting the emails rather than clicking the unsubscribe button, you've got me thinking now

TonyRPH

Original Poster:

12,971 posts

168 months

Friday 25th May 2018
quotequote all
Penelope Stopit said:
<snip>
My inbox has been very busy...
<snip>
So has mine!!

TonyRPH

Original Poster:

12,971 posts

168 months

Friday 25th May 2018
quotequote all
This morning I have gone through several emails and contacted the relevant parties requesting data removal.

It will be interesting to see if my requests meet with compliance, and even more interesting to see how much spam I get in the future.

Interestingly, one email did contain this paragraph:

email said:
At some point in the past you registered interest with the <agency>, I hope that we were able to help you during that period and that your career in IT has been fruitful. With the advent of GDPR we are henceforth unable to retain your personal details without your consent so your records will be deleted in the next few weeks.
So is this correct?

So is it as I thought, and they cannot retain my information without my consent?

I've read through the links provided above by 'acd80', but couldn't seem to answer my own question....


richie99

1,116 posts

186 months

Friday 25th May 2018
quotequote all
As already stated, consent is only one of the legal justifications for processing your data. I'm convinced that many people are just covering themselves by asking that you consent (or re-consent).

You have probably had a few just informing you that they have updated their privacy policy - where they are happy they already have your consent, or they don't think they need it. They agency in the example don't seem to be very clear how they came by your information in the first place so are aiming to cover themselves because they are not sure they have a legal basis for the processing.

Corso Marche

1,722 posts

201 months

Friday 25th May 2018
quotequote all
Without starting a new thread, does GDPR impact employers in any way? I've a previous employer who has many details of mine (including passport copies) and quite frankly I'm not at ease at all with their data security.

Troubleatmill

10,210 posts

159 months

Saturday 26th May 2018
quotequote all
TonyRPH said:
This past 2 months or so, I have been receiving emails about GDPR.

A couple of questions:

Do companies have to remove my data by default?

Some of the emails contain an unsubscribe link, but the cynical side of me is viewing this as phishing.

So, do I need to request removal, or should they just 'forget' me by default? (I was under the impression it was the latter.)

TIA.
No.

The reality is - most companies won't.
They know the ICO won't be knocking on their door to check.


Order66

6,728 posts

249 months

Saturday 26th May 2018
quotequote all
Corso Marche said:
Without starting a new thread, does GDPR impact employers in any way? I've a previous employer who has many details of mine (including passport copies) and quite frankly I'm not at ease at all with their data security.
Yes. They have all the same responsibilites to secure and process this data in line with the legislation. They may have a need to retain some level of data for legal/tax recording reasons, but the rest (like passports) they have no legitimate reason to retain and should delete it - you can request that they do this and they must comply.

A decent summary - last paragraph in particular:
https://www.xperthr.co.uk/faq/does-the-general-dat...

Corso Marche

1,722 posts

201 months

Saturday 26th May 2018
quotequote all
@ Order66 -- Good stuff, thank you very much for that. Much appreciated.

TonyRPH

Original Poster:

12,971 posts

168 months

Saturday 26th May 2018
quotequote all
Well, I've kept a record of all the data removal requests I've made - so if I hear from any of them again any time soon, I'll report them.

I've been getting emails from recruitment agencies I've never heard of (and *never* had any dealings with) so it's quite clear that my data has been passed around without my consent, something which I take quite seriously.

In fact it's recruitment agencies that I've had the biggest problem with, but that's a new topic entirely...


P924

1,272 posts

182 months

Saturday 26th May 2018
quotequote all
TonyRPH said:
Well, I've kept a record of all the data removal requests I've made - so if I hear from any of them again any time soon, I'll report them.
But how will they know they've contacted you before?

TonyRPH

Original Poster:

12,971 posts

168 months

Saturday 26th May 2018
quotequote all
P924 said:
TonyRPH said:
Well, I've kept a record of all the data removal requests I've made - so if I hear from any of them again any time soon, I'll report them.
But how will they know they've contacted you before?
Bit of an odd question but the answer is I have been sent emails from all of them notifying about GDPR changes etc.

Not to mention other emails (random mailshots) sent by them (those that have previously made contact) over time.


P924

1,272 posts

182 months

Saturday 26th May 2018
quotequote all
Sorry, being a little obtuse, was talking to a consultant about this, and he said, don't request delete of your details, as then they'll just keep contacting you, having no record of the earlier deletion.

TonyRPH

Original Poster:

12,971 posts

168 months

Saturday 26th May 2018
quotequote all
P924 said:
Sorry, being a little obtuse, was talking to a consultant about this, and he said, don't request delete of your details, as then they'll just keep contacting you, having no record of the earlier deletion.
Ok no worries.

My initial reaction was to ignore all the updates and not request deletion, but as I run and manage my own mail servers and have unlimited email addresses at my disposal, if the unsolicited email becomes a problem I'll just block them*.

Of course that won't prevent them retaining my data, but from the CVs I've seen - much of it is very, very outdated so I'm not too bothered.

From my perspective, this has also turned into a bit of an experiment just to see how they respond as well.

  • I have in fact previously set up a rather nasty rule to send their email back to them 5 times over for fun :P

ging84

8,895 posts

146 months

Saturday 26th May 2018
quotequote all
TonyRPH said:
  • I have in fact previously set up a rather nasty rule to send their email back to them 5 times over for fun :P
Great move
At best that is harmful to your deliverability, at worst it is a crime.
you think it actually has any impact on anyone else?

TonyRPH

Original Poster:

12,971 posts

168 months

Saturday 26th May 2018
quotequote all
ging84 said:
Great move
At best that is harmful to your deliverability, at worst it is a crime.
you think it actually has any impact on anyone else?
Not really a great move.

Sending me unsolicited email is also a crime, although 'two wrongs don't make a right' as my old mum used to say.

I doubt very much if it had an impact on anybody.

As for deliverability rating, I did it once and realised it was probably a bit pointless, but it gave me 5 minutes of satisfaction.

Like I said above I just block them now and if they're persistent enough report them to blacklists.


P924

1,272 posts

182 months

Saturday 26th May 2018
quotequote all
Out of interest, how would it be deemed a crime?

Sheepshanks

32,750 posts

119 months

Saturday 26th May 2018
quotequote all
P924 said:
Sorry, being a little obtuse, was talking to a consultant about this, and he said, don't request delete of your details, as then they'll just keep contacting you, having no record of the earlier deletion.
This was discussed earlier in the main GDPR thread and even though your data has been deleted firms are still supposed to screen against 'do not mail' lists - an IT person in the thread said it can be done easily using hashed data.

Order66

6,728 posts

249 months

Sunday 27th May 2018
quotequote all
Sheepshanks said:
P924 said:
Sorry, being a little obtuse, was talking to a consultant about this, and he said, don't request delete of your details, as then they'll just keep contacting you, having no record of the earlier deletion.
This was discussed earlier in the main GDPR thread and even though your data has been deleted firms are still supposed to screen against 'do not mail' lists - an IT person in the thread said it can be done easily using hashed data.
Indeed, its a simple thing to solve - no need for the organisation to keep a usable version of your email address.

Even "do not mail" lists - the whole concept shouldn't be needed. If you haven't gathered individual specific consent to keep/process personal data you shouldn't be sending it mail, so the list is not needed. If you have gathered consent the precise details of what/when that consent is forms your effective list - there should be no concept of gathering email addresses which would be needed to be compared against a list of this time.