GWR’s compensation scheme is all delay and no repay

[whole diary]

[JayMac]

I have.

You said one week, maybe two. They've had 13 days since my first request. I had confirmation 4 days ago from Customer Services Manager.

[ChrisB]

Would suggest from the date of confirmation. You aren't the only customer the guy is probably dealing with.

[JayMac]

Confirmation that something has been done should mean just that.

But carry on defending the indefensible ChrisB. It's your forte. You are brilliant at it.

May I suggest applying for a job with Capita/GWR^▸ (Great Western Railway) customers services. You'll fit right in.

[ChrisB]

I'm simply being realistic.

I suspect the ICO will agree with me.

By the time the ICO will have investigated, that time will have elapsed. I'm not defending anyone. Simply being reslistic over timing

[JayMac]

Would suggest from the date of confirmation.

Nope.

A very welcome and prompt reply this evening, after I asked CS Manager why I was still getting the unsolicited emails.

Justin, this is disappointing. I will investigate to understand why my previous request was not actioned and ensure its not repeated.

Thank you for highlighting.

As to the ICO. Just because something finally stops before their investigation into DPA breaches is completed doesn't mean they'll say there was no case to answer.

[ChrisB]

If the breach is sorted before they investigate, they would accept that

[JayMac]

If the breach is sorted before they investigate, they would accept that

I'll remember that the next time I break the law.

"I did it before you started investigating, officer."

 

[John R]

From the ICO Website:-

The Act says that you should stop processing for direct marketing purposes within a reasonable period. When considering whether you have done so, we take into account that a particular marketing campaign might already be underway when you receive a notice, and that the individual may subsequently receive further marketing material. However, we expect that in normal circumstances electronic communications should stop within 28 days of receiving the notice, and postal communications should stop within two months.

So notwithstanding that you were told to the contrary, the ICO would seem to think that 13 days is a not unreasonable length of time not to have actioned a request.

[JayMac]

From the ICO Website:-

The Act says that you should stop processing for direct marketing purposes within a reasonable period. When considering whether you have done so, we take into account that a particular marketing campaign might already be underway when you receive a notice, and that the individual may subsequently receive further marketing material. However, we expect that in normal circumstances electronic communications should stop within 28 days of receiving the notice, and postal communications should stop within two months.

So notwithstanding that you were told to the contrary, the ICO would seem to think that 13 days is a not unreasonable length of time not to have actioned a request.

Very tellingly you left out the final sentence of that part of the Act.

Besides which, the DPA is not the only legislation in play in such cases.

[chrisr_75]

Sorry to be controversial, but wouldn't any normal person just divert said emails to trash/spam or to the relevant customer service manager, forget about it and just get on with their lives.

I'm sure the ICO has bigger fish to fry than dealing with, frankly somewhat vexatious, complaints like this.

[John R]

From the ICO Website:-

The Act says that you should stop processing for direct marketing purposes within a reasonable period. When considering whether you have done so, we take into account that a particular marketing campaign might already be underway when you receive a notice, and that the individual may subsequently receive further marketing material. However, we expect that in normal circumstances electronic communications should stop within 28 days of receiving the notice, and postal communications should stop within two months.

So notwithstanding that you were told to the contrary, the ICO would seem to think that 13 days is a not unreasonable length of time not to have actioned a request.

Very tellingly you left out the final sentence of that part of the Act.

Besides which, the DPA is not the only legislation in play in such cases.

I didn't quote from the Act. I quoted (in full) from the Q&A, which gives guidance as to how the ICO interpret the Act in this regard, with the  question "Do I have to suppress details immediately?".

But I'm inclined to agree with chrisr_75 that most people would find more important things to do with their lives than spend their time pursuing a vexatious complaint against GWR^▸ (Great Western Railway). It's odd that you seem to spend a lot of time travelling on GWR for leisure purposes when you seem to hate them with a vengeance.

https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/preventing-direct-marketing/

[JayMac]

But I'm inclined to agree with chrisr_75 that most people would find more important things to do with their lives than spend their time pursuing a vexatious complaint against GWR^▸ (Great Western Railway). It's odd that you seem to spend a lot of time travelling on GWR for leisure purposes when you seem to hate them with a vengeance.

I'm not most people. I'm me. The issue of data protection is important to me. I live my life how I chose not how others think I should live it. If that means doggedly complaining on an issue important to me then that's my choice. If that dismays you John R then, frankly, tough titty.

Hate and vengeance are very emotive words. Totally unnecessary. Disappointed and seeking redress, not hating or seeking vengeance.

I've not travelled with Fake Western Railway since July 5th 2017. My only planned forthcoming trip is October 16th. By my reckoning I've only made use of Fake Western Railway five times in 2017. Hardly a 'lot of time'.

The past incidences of poor service, denial of travel with valid tickets, threats of prosecution and the like, have largely put me off Fake Western Railway. There's hope every next time I travel that things will be better. Hope that is all to frequently dashed by a TOC^▸ (Train Operating Company) that has lost its way. Having the option to drive instead has made a difference. The leisure travel budget now mostly goes elsewhere than Fake Western Railway. As an example, there's a new Pullman menu. In past years I'd be there trying it out and reviewing here. Despite the excellent Pullman staff I'm unlikely to dine anytime soon. I can't conscionably justify giving Fake Western Railway the money.

I'll keep you informed of the progress of the complaint lodged with the ICO. Presumably one of the many they fail to filter out for being vexatious. 

[Chris from Nailsea]

Hate and vengeance are very emotive words. Totally unnecessary. Disappointed and seeking redress, not hating or seeking vengeance.

Justin, I do understand your passion on this subject - but, to be fair, John R only suggested that you 'seem' to feel so.  That is, perhaps unintentionally, the way you come across sometimes, when you post here. 

[WelshBluebird]

At the end of the day, data protection laws are exactly that, laws.
 
If a company is not sticking to the law, then they have only themselves to blame and anyone should be more than able to take them to task about it.

I am not as concerned about the subject as bignosemac is, but that does not matter. GWR^▸ (Great Western Railway) need to follow the law, and for good reason. A lacking in following data protection in one area usually indicates a lacking in following it in other areas too, and we have seen just how vulnerable many websites / databases have become to vulnerabilities, sometimes caused by poor practices regarding data protection.

[Sixty3Closure]

As WelshBluebird says for me this is symptomatic of the poor approach across the company to their customers of which data protection is part of. They're a bit relaxed with my email address but does apply to my phone number, my credit card details and so on. I've been denied compensation because they said I'd opted out of marketing material even though they send it to me.

Its not unique to GWR^▸ (Great Western Railway) though and it starts to take up more and more time trying to filter my emails and texts although I'm more concerned about how my data is stored.

I'm with bignosemac on the whole in that if I ask a reputable company (i.e. a large or listed company) not to contact me and/or delete most of the data they have on me then I expect them to honour that.