I'm in a middle of a case with the Financial Ombudsman for our energy provider. As part of the investigation they need evidence of calls my husband and I have made to another company. I logged into my Virgin Media account to get copies of my phone bill. I downloaded a couple of the bills, but didn't realise until now that free phone numbers (0800) are not itemised, only itemised calls that are chargeable will be shown.
How can I request documents of calls I made under the Data Protection Act 2018? Who do I make this request to? It is important that I get hold of this documentation asap because it is the only proof I have that these calls were made.
Personal data is defined in the GDPR as:
“‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
Does the data ‘relate to’ an identifiable data subject?
It will often be clear where data ‘relates to’ a particular individual. However, sometimes this is not so clear and it may be helpful to consider in more detail what ’relates to’ means.
Data which identifies an individual, even without a name associated with it, may be personal data if you are processing it to learn or record something about that individual, or where the processing has an impact on that individual. Therefore, data may ‘relate to’ an individual in several different ways, the most common of which are considered in this section.
Is the content about an individual?
Information may be obviously about a particular individual or about their activities. This information is personal data regardless of the purpose for which you are processing the data.
In many cases data may be personal data simply because its content is ‘obviously about’ an individual. Alternatively, data may be personal data because it is clearly ‘linked to’ an individual as it is about his or her activities and you are processing it for the purpose of determining or influencing the way in which that individual is treated. Data may also be personal data if it is biographically significant or has a particular individual as the focus.
Records which will clearly be personal data where the content of the information is about their activities not about the individual themselves. For example: