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Advocate

Interesting to note that Now TV will not delete personal data on request

Pretty sure this is illegal. Transcript below.

SHARAN (14/12/2018, 10:38:59): Thanks for contacting NOW TV, you are talking to SHARAN. How can I help?
null (14/12/2018, 10:39:10): Hello 🙂 can you delete this account please? I don't intend to use it again.
SHARAN (14/12/2018, 10:40:26): Hi there!
SHARAN (14/12/2018, 10:41:07): I hate to see you go.
Let me check what best I can help you with.
SHARAN (14/12/2018, 10:41:13): Are you the account holder?
null (14/12/2018, 10:41:48): Yes, that's me
SHARAN (14/12/2018, 10:41:55): Can you confirm your full name and email address registered on the account?
null (14/12/2018, 10:42:04): Francine [last name], [email removed]
SHARAN (14/12/2018, 10:42:24): Perfect!
SHARAN (14/12/2018, 10:43:07): Francine, I checked your account and see that you do not have any active passes in your account.
SHARAN (14/12/2018, 10:43:15): It is as good as a deleted account.
null (14/12/2018, 10:43:51): No, I would like the account and all details deleted as well please
null (14/12/2018, 10:44:01): I'm doing a general digital clear-up 😛
null (14/12/2018, 10:44:16): Not good to have details sitting in unnecessary places
SHARAN (14/12/2018, 10:46:10): I'll go ahead and clear the payment card details for you.
SHARAN (14/12/2018, 10:46:13): Cool?
null (14/12/2018, 10:47:00): Yep, and the rest of it?
null (14/12/2018, 10:47:13): It shouldn't be a negotiation to get personal data removed
SHARAN (14/12/2018, 10:50:47): Francine, at NOW TV we are aware of the new data regulations that came into effect in May and please rest assured we take it very seriously. When you sign up to NOW TV, you agree to both our terms and conditions and our cookies and privacy notice.
SHARAN (14/12/2018, 10:51:08): Please have a read of these if you want to find out more about what information we hold about you and how we use and share your data. If after reading these policies, there is some specific you want to do then check out our help article which can be found here: https://help.nowtv.com/article/gdpr-and-now-tv
null (14/12/2018, 10:51:42): Come on, don't lead me through a stupid process. It's an inactive account, please just delete it.
SHARAN (14/12/2018, 10:52:31): Francine, I can help you in removing the card details and will also opt you out from the marketing emails so that there will not be any charges on your account and you'll not be receiving any marketing emails from us.
null (14/12/2018, 10:53:20): Why won't you delete the account?
null (14/12/2018, 10:53:27): Is it legal for to to refuse to delete it?
SHARAN (14/12/2018, 10:55:38): I understand your request Francine, it's due to new data regulations.
null (14/12/2018, 10:55:57): http://www.privacy-regulation.eu/en/article-17-right-to-erasure-%27right-to-be-forgotten%27-GDPR.htm
null (14/12/2018, 10:56:04): The new data regulations stipulate that you must delete it
null (14/12/2018, 10:56:22): Are you refusing to delete my data?
SHARAN (14/12/2018, 10:58:06): Francine, in this case, I'll get it escalated to our higher level team who will check and get back to you within 7 working days.
null (14/12/2018, 10:58:18): This is ridiculous.
null (14/12/2018, 10:58:59): I will also be cancelling my active account, obviously. Guess I'd better log out and in lol. Hope that Now TV gets their act together re: regulations before it gets escalated.

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3 Replies
Highlighted

Re: Interesting to note that Now TV will not delete personal data on request

It wouldn't be Sky if there wasn't something dodgy going on. They shouldn't be refusing your request.

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Champion 2

Re: Interesting to note that Now TV will not delete personal data on request

@robert1997 @Francine

You know, it seems to me that Sky are delaying the implementation of the GDPR across the length and breath of their companies. Still, they must realise that if a customer looses out or is disadvantages by their lack of speed then they open themselves to regulatory action and possibly a civil law suit.

Quite simply, the first line of the GDPR says:-

The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay...

In fact, I am surprised that there is no GDPR form for customers to access, from within their accounts, which can be completed when wanting to leave Sky/Now TV

However, I'm not too surprised because some companies do like to make it difficult for their (captive) customers to leave (with their financial data).

 

UK Bob

 

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Advocate

Re: Interesting to note that Now TV will not delete personal data on request

Just to keep things updated, this is what happened when I tried to delete my other (active) account:

 

Pintu (14/12/2018, 11:09:36): Thanks for contacting NOW TV, you are talking to Pintu. How can I help?
null (14/12/2018, 11:09:56): Hello, I would like to completely delete this account and all associate data, please. 🙂
null (14/12/2018, 11:10:02): *associated
Pintu (14/12/2018, 11:11:09): Okay, Well I'll certainly see what best can be done from my end to sort the concern we have, But to be very honest it would be really sad to see you go, if you do not feel offended may I know the reason for cancellation.
null (14/12/2018, 11:11:48): Sure - I tried to delete my old and inactive account and your colleague refused to delete the data. So I no longer trust Now TV with my data.
Pintu (14/12/2018, 11:12:32): Okay, Well if that is the case then I do Apologise to you for any hassle or trouble caused and will certainly make sure that we get this sorted out.
Pintu (14/12/2018, 11:12:41): However Before, we proceed Ahead, I request you to please let me know your Name and Registered Email Address with NOW Tv.
null (14/12/2018, 11:13:06): Sure, my name is Francine [removed] and the email is [removed]
Pintu (14/12/2018, 11:13:25): Thanks for the information Francine , I hope you are well and doing good : )
null (14/12/2018, 11:13:42): Yeah, not too bad, ta. Hope you are too.
Pintu (14/12/2018, 11:14:21): Yep, I am fine too and it would be really great to start the day with a positive feedback by solving the concern we have.
null (14/12/2018, 11:14:46): I doubt that your company is going to let you do what I'm asking for, to be honest, but please know I realise it's not your fault.
Pintu (14/12/2018, 11:15:22): I do thank you for understanding me but there are certain things that can be taken care of and that will make you less tensed.
Pintu (14/12/2018, 11:16:05): I did locate the account and do see that you have active subscriptions running on the account and they have been cancelled from your end.
Pintu (14/12/2018, 11:16:45): And since they have been cancelled from your end I do assure you that you wont be charged any amount from our end and this sorts the concern we have in terms of money part.
Pintu (14/12/2018, 11:16:58): Now as far removing the data is concern.
null (14/12/2018, 11:17:41): (Just a side note: the account I asked your colleague to delete was not this account but an old one I hadn't used for years)
Pintu (14/12/2018, 11:18:59): You are absolutely right that not all the data can be removed like email address and the name as we need to have those details for security reasons, But I can certainly help you in removing your payment card details and Address from the account , Does the old account falls under your name ?
null (14/12/2018, 11:19:19): You don't need to have that data for security reasons.
null (14/12/2018, 11:19:26): It is illegal to refuse to delete this data.
null (14/12/2018, 11:19:34): I am deleting *both* accounts now.
Pintu (14/12/2018, 11:21:08): I am removing the data that can create a concern for you, the postal address and the card details can be removed from my end and as far the name and email address is concern,  we need to keep that, the account will almost be done and dusted with.
null (14/12/2018, 11:21:38): Why do you need to keep it? Please detail the security reasons that would allow you to ignore the GDPR regulations on the right to be forgotten
null (14/12/2018, 11:21:50): Usually it is only banks etc. who can legally keep this data for a period of time
Pintu (14/12/2018, 11:23:07): Okay, Since you mentioned GDPR I would like to mention here that   we keep hold of your payment information for two years and your personal data for seven years. For further information about how NOW TV handles your personal data and your rights, please visit the Privacy & Cookies Notice available on NOWTV.com
null (14/12/2018, 11:23:28): I would like to know the security reasons you cited
null (14/12/2018, 11:23:35): "Security reasons" means nothing.
null (14/12/2018, 11:24:00): Wait, so you keep the payment information for two years even after you've deleted it?
Pintu (14/12/2018, 11:24:15): I understand your request, however, our retention and deletion policy is a confidential company document which we don’t currently share with our customers. (GDPR)
Pintu (14/12/2018, 11:24:40): The information you have requested is commercially sensitive. In accordance with all applicable data protection laws, regulations, regulatory guidance and in the interests of our customer’s data security, we are not obliged to disclose confidential or commercially sensitive information.. (GDPR)
null (14/12/2018, 11:26:25): OK, but I think we both know that there's no "security reason" you can't delete the account, right?
null (14/12/2018, 11:26:38): There's literally no way that makes things LESS secure
null (14/12/2018, 11:28:03): I suggest you pass this on to whoever is writing your scripts: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual...
null (14/12/2018, 11:28:19): My email address and name are absolutely not covered by any of those exemptions
Pintu (14/12/2018, 11:28:31): Well, removing the details and deactivating the Account are two different things, I can certainly help you out with removing of all your card details and the address that are sensitive in nature and the only thing that we need to keep is the Name and email address for the mentioned period of time.
null (14/12/2018, 11:28:51): Nope, I want all information about me removed, please
null (14/12/2018, 11:29:09): Unless you can tell me which exemption under the GDPR right to erasure this information falls under
Pintu (14/12/2018, 11:30:03): I did help you with all the information stated above.
null (14/12/2018, 11:30:10): No, you didn't.
null (14/12/2018, 11:30:49): There are several exemptions to the right to erasure:
to exercise the right of freedom of expression and information;
to comply with a legal obligation;
for the performance of a task carried out in the public interest or in the exercise of official authority;
for archiving purposes in the public interest, scientific research historical research or statistical purposes where erasure is likely to render impossible or seriously impair the achievement of that processing; or
for the establishment, exercise or defence of legal claims
null (14/12/2018, 11:30:52): Which of those is it?
Pintu (14/12/2018, 11:32:21): For further information please click the link mentioned below and you will find all the answers
Pintu (14/12/2018, 11:32:23): https://www.nowtv.com/gb/widget/eng/privacy
null (14/12/2018, 11:32:52): I think Now TV are going to have some interesting explaining to do to ICO
null (14/12/2018, 11:33:33): Have a good day, Pintu. I'm sorry that your bosses are such twits.

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This post has been kept only for reference, it may contain out-of-date or inaccurate infomation.