GDPR and offers for new customers

Reaper

Just a thought...

GDPR gives me the right to be forgotten. So what's to stop me taking advantage of an offer for brand new customers only (Virgin wine offer, bank account switching bonus or whatever), using the right to be forgotten and then doing it all over again.

Not that I have any plans to but if it's possible it's only a matter of time until somebody does.

unholyangel

Have you actually read the GDPR or have you just read snippets from various media channels?

The right to erasure/right to be forgotten is not an absolute right.

Ectophile

The "right to be forgotten" isn't anywhere as strong as you think it is. Businesses can keep information about you for so long as they have a legitimate reason to do so.


In England and Wales, you can sue someone for up to 6 years from when something happened. So if a company is sending you goods, or selling a service, they will probably want to keep records for at least 6 years before deleting them.

JReacher1

Is it a legitimate reason for virgin wine to keep your personal details indefinitely to stop you from signing up as a new customer?

ThumbRemote

JReacher1 wrote: »

Is it a legitimate reason for virgin wine to keep your personal details indefinitely to stop you from signing up as a new customer?

But that wouldn't be the only reason they kept the details. They'll need to keep them for a long period in case there's any legal comeback from the transaction.

unholyangel

ThumbRemote wrote: »

But that wouldn't be the only reason they kept the details. They'll need to keep them for a long period in case there's any legal comeback from the transaction.

Also for tax/auditing purposes.

Greta_Sharbo

If this was possible the match betting crew would be doing cartwheels right about now

marlot

JReacher1 wrote: »

Is it a legitimate reason for virgin wine to keep your personal details indefinitely to stop you from signing up as a new customer?

That probably wouldn't be a good enough reason by itself.



But keeping details of someone they sold wine to, for up to six years is legitimate [and needed for tax purposes]. And as a by product they know if you're a new customer.

JReacher1

marlot wrote: »

That probably wouldn't be a good enough reason by itself.



But keeping details of someone they sold wine to, for up to six years is legitimate [and needed for tax purposes]. And as a by product they know if you're a new customer.

So after six years the OP could ask for his data to be forgotten and then sign up as a new customer?

Reaper

unholyangel wrote: »

Have you actually read the GDPR or have you just read snippets from various media channels?

The right to erasure/right to be forgotten is not an absolute right.

OK let's use the example of matched betting. I open an account, take advantage of the matched bets, close my account and ask to be forgotten.

I'm perfectly entitled to do that and the only defences are:
1) Freedom of expression - DOESN'T APPLY
2) Legal obligations - NONE THAT I CAN THINK OF (unless I opted for betting self exclusion) SEE BELOW
3) Public Health - DOESN'T APPLY
4) Historical/Scientific archiving - DOESN'T APPLY
5) Defence of legal claims - DUBIOUS SINCE I CLOSED MY ACCOUNT

To expand on point 2 for their accounts they need to keep a record of what was bet, but they don't need to know the person's name particularly as betting is tax free so there is no need to inform the tax man what their customers are doing. I would expect my records to be kept but my name changed to "DELETED PERSON 6781" which is what my company is doing for GDPR.

reason2

But as it is a financial transaction they would be required to keep the details.
What if you later challenge the transactions authenticity...
what if you request a historical transaction summary...

As part of data protection you still need to be able to identify yourself to obtain data.
you cant do that as deleted customer 6341.

Betting companies also tend to have a lot of extended rights and exclusions.

the header of "right to be forgotten" sounds good but essentially its very weak in what it actually offers.