Consumer protect act question

gvw121

Good evening all,

Could someone please tell me how long should a company hold a conversation that has been recorderd over the phone?

DVLA wrote back to me and said any conversations recorded are deleted after 3 months?

Shouldn't it be 5 years that they should hold it for?

If so, have they breached any data protect laws which gives me a valid reason to take them to a small claims court?

dalesrider

I bet if you call them. the message is "All calls are recorded for trainging purposes".
That means they do not have to keep them for any fixed period of time.

How can it be a breech of data laws if they are deleting it?


Why are you wanting to take them to court?

ILW

Recordings do not have to be held at all.
Are you hoping to sue DVLA?

Buzby

No. If you want a voice recording - you need to record your own. You have no right to theirs. The DPA is irrelevant, and whilst you can ask for a transcript of a call if they admit it exists - but if they wipe after 12 weeks, that's an end to the matter.

Valli

I think, OP, you may have misunderstand the rationale behind the Data Protection Acts.


Where companies retain Data there are limits and restrictions on what Data they may store and to whom it may be disclosed.

There is NOT a requirement for companies to store customer's data generally (although there are data which need to be retained for tax purposes etc;)) and there is no requirement for that data to be stored for a pre-defined or an undefined length of time.

Basically, the purpose of the Data Protection Act is to LIMIT the data which may be stored and the uses it may be put to.

A breach of the DPA would be a criminal offence I believe. Small claims court is to be used if you have a financial claim in respect of a (small) financial loss caused by another party or a non-performance of a contract, for example.

The DVLA is not a 'company' as such, but a Government Agency.

shaun_from_Africa

Buzby wrote: »

No. If you want a voice recording - you need to record your own. You have no right to theirs. The DPA is irrelevant, and whilst you can ask for a transcript of a call if they admit it exists - but if they wipe after 12 weeks, that's an end to the matter.

The DPA is anything but irrelevant as it is this act that gives a person the right to obtain copies of all info and data held with relates to them. (DPA Pt2 S7)
If there is a recording (this can be a video or audio recording) in existence and this is being held by a company, they must release this recording (and all other info they hold on you) if you submit a "Subject access request" and pay the required fee (currently this is a maximum of £10).

mo786uk

If the call is retained you can request a copy under DPA but there is nothing to say they have to retain a call recording.

Money-Saving-King

gvw121 wrote: »

If so, have they breached any data protect laws which gives me a valid reason to take them to a small claims court?

To sue them for what?

Johno100

Money-Saving-King wrote: »

To sue them for what?

For money no doubt.

This is the OP who wanted to sue Iceland (the supermarket not the country) for alleged frostbite suffered 8 years earlier when he / she worked there for 2 weeks.

https://forums.moneysavingexpert.com/discussion/comment/56855565#Comment_56855565

dalesrider

Or This one as well .