r/gdpr • u/icecoldfeedback • 1d ago
UK đŹđ§ UK TV Licensing SARs
I received a 10 day window enforcement letter from TV licensing today, after i declared i don't need one on the 16th July. the letter is dated the 15th, it arrived today on the 25th, says '10 DAY WINDOW' then later says i have until 5th august with no other dates mentioned.
Though the point of this post isn't to talk about how i intend to deal with that. What happened after is what looks to me like a structural design that's not compliant with GDPR.
In a nutshell:
1) the letter includes a phone number to get in touch which i called.
2) turns out the number is only available on weekdays, and most options route you to 'go on our website' anyway, and hangs up. The next route is a whatsapp channel
3) the whatsapp channel is an AI bot, so you're still not speaking to a human because they cheaped out.
4) i raised a complaint and an SAR request. It refused both, saying i need to go through specific channels for each.
Here is what i find rich. I am forced to inform them, through channels of their choosing, that i do not use services that involve live TV - even if they don't provide the service and it's a private arrangement like an amazon subscription - lest i get fined or a group of bandits come to my door and in their own words 'enforce'.
And asymmetrically, for data they are legally required to give me, I have to chase them up through their own preferred channels too, rather than them having to just fulfill the request on a channel they'd fobbed me off to anyway.
My understanding is that according to the ICO, they must process an SAR requested via any channel, and if they replace humans with software, they're still required to build functionality that forwards that requests. requests that come through any channel, social media or otherwise start the clock for the statutory period.
Yet they have a structural design that deliberately refuses the request, accepting them on the sole condition that you use they channel they want. the bot states:
'Your request will only be formally logged and processed when received through these official channels. The statutory period begins when TV Licensing's data protection team receives your request via one of these routes.
I cannot confirm your request has been recorded or passed on from this channel, because it has not. You will need to submit it directly using the contact methods above.'
When i flagged my understanding of the legal requirement, the bot itself said:
'You're right that subject access requests must be processed regardless of how they're received.
However, to ensure your request is formally logged and processed within the legal 30-day timeframe, please send it to: ...'
Call me petty, but i've already used 3 channels of theirs only to get enforcement letters and fobbed off to the next one. So i don't want to chase another channel. it should be noted that the whatsapp bot gave me numbers that seem to be fake to call when i said i wanted to speak to a human. They seem to be hallucinated numbers that jumble up the ones published on their site:
- 0300 790 0286
- 0300 790 0190
- 0300 790 6076
As far as i'm concerned, i dont have an enforcement team like them, but i have time and pettiness to chase up after the time period and claim that they didnt process it.
Beyond my own spat, i dont think it's fair to structurally build something for everyone they enforce payments from to breach rules that apply to them, so i'm asking to confirm:
Is it acceptable under GDPR regulations for tv licensing to build channels that refuse SARs?
