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UnhappyVMC
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Message 1 of 13
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Subject access request

Hi,

need some help please. We ended up cancelling our lengthy custom with Virgin Media after discovering the package we had taken out 2 years previously should of come with 2 boxes but only one was supplied and installed. After challenging this we were told it was our responsibility to ask for them????!!!! Needless to say we no ownership from Virgin media we simply ended the contract and moved to the competition. 

At this time I made a subject access request and nearly 3 months later have not received a thing - has this broken any Data protection regulations? 

Thanks 

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shanematthews
Problem sorter
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Message 2 of 13
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Re: Subject access request

How did you make the request and did you get confirmation that the request was actually received?

There are no public facing emails that i am aware of that are monitored for those sorts of things so your best action would have been to put it in writing, you will obviously need to send that recorded and you'll also need to include copies of your relevant identity documentation to facilitate them being able to even process the request

They can't break the rules if they never actually got the request in the first place, not sure what you're expecting the SAR to yield outside of the information you already know about as they will only provide you your own details and details of the account itself like bill amounts, which you already have access to
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Sololobo
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Message 3 of 13
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Re: Subject access request

ico guidance: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-r...

How do we recognise a request?

The GDPR does not specify how to make a valid request. Therefore, an individual can make a subject access request to you verbally or in writing. It can also be made to any part of your organisation (including by social media) and does not have to be to a specific person or contact point.

A request does not have to include the phrase 'subject access request' or Article 15 of the GDPR, as long as it is clear that the individual is asking for their own personal data.

This presents a challenge as any of your employees could receive a valid request. However, you have a legal responsibility to identify that an individual has made a request to you and handle it accordingly. Therefore you may need to consider which of your staff who regularly interact with individuals may need specific training to identify a request.

Additionally, it is good practice to have a policy for recording details of the requests you receive, particularly those made by telephone or in person. You may wish to check with the requester that you have understood their request, as this can help avoid later disputes about how you have interpreted the request. We also recommend that you keep a log of verbal requests.

Should we provide a specially designed form for individuals to make a subject access request?

Standard forms can make it easier both for you to recognise a subject access request and for the individual to include all the details you might need to locate the information they want.

Recital 59 of the GDPR recommends that organisations ‘provide means for requests to be made electronically, especially where personal data are processed by electronic means’. You should therefore consider designing a subject access form that individuals can complete and submit to you electronically.

However, even if you have a form, you should note that a subject access request is valid if it is submitted by any means, so you will still need to comply with any requests you receive in a letter, a standard email or verbally.

Therefore, although you may invite individuals to use a form, you must make it clear that it is not compulsory and do not try to use this as a way of extending the one month time limit for responding.

Can we ask an individual for ID?

If you have doubts about the identity of the person making the request you can ask for more information. However, it is important that you only request information that is necessary to confirm who they are. The key to this is proportionality.

You need to let the individual know as soon as possible that you need more information from them to confirm their identity before responding to their request. The period for responding to the request begins when you receive the additional information.




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UnhappyVMC
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Message 4 of 13
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Re: Subject access request

It was made formally in writing (recorded delivery) including a further request by telephone. 

Subject access requests includes access to any recorded telephone calls. 

Im investigating the original contract (breach of) due to a failing to supply all the services included in the contract given the full charge has been applied throughout.

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wez
Fibre optic
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Message 5 of 13
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Re: Subject access request

You may find the offer you got was cheaper than the price with one box, this happens from time to time. So even if your package only had one box supplied, but you should have had two, you may not have actually been out of pocket financially. 

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UnhappyVMC
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Message 6 of 13
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Re: Subject access request

I’ve already checked - the package wasn’t cheaper, we have just been ripped off!!!

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UnhappyVMC
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Message 7 of 13
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Re: Subject access request

I’ve already checked - the package wasn’t cheaper, we have just been ripped off!!!

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LittleMick73
Trouble shooter
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Message 8 of 13
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Re: Subject access request

Hi this is a difficult one, as you are probably aware this is a public forum and the people replying are virgin customers like yourself, so for any virgin person to respond on here I would think, they may send a private message link.Regards Micky
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Superuser
Superuser
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Message 9 of 13
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Re: Subject access request

It would be worthwhile discussing this further with the Information Commissioner's Office (ICO) and if asked to submit a complaint query the current waiting time before a case officer is assigned; it is likely to be longer than one calendar month in which consider submitting a new Subject Access Request via email to dpo@virginmedia.co.uk (source: https://www.virginmedia.com/shop/the-legal-stuff/privacy-policy) whilst you wait.

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Forum Team
Forum Team
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Message 10 of 13
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Re: Subject access request

Hello there UnhappyVMC

 

Thank you for posting.

 

We can take a look at this on here fir you if you like?

 

We'll need to send you a private message to get some details from you first if that's OK?

 

Keep an eye out at the top of the screen for the message to arrive.

 

Thank you. 

David_Pn
Forum Team

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