General Data Protection Regulations (GDPR) - service history
A hypothetical case, of course
A car is offered for sale with "full service history".
The manufacturers franchisee provides a print out from "The system" showing a partial service history, PDI + 2 services, 3 are missing.
I am assured that one missing service is by a franchisee, but not on the system; they are working to fix this. The other two have been done by "marque specialists".
I have asked for copies of the invoices but I am told that this can't be done under the General Data Protection Regulations. I have suggested that the owner's name & address can be obscured, but the invoices must show the registration number & preferably the VIN.
Others must have come across this before - what's your experience ?
NJSSAm I Gammon or Woke ? - I neither know nor care.
2016 Discovery 4 Landmark
2011 Mercedes Benz SL350 (R230)
1973 MG B GT V8 - 3.9L John Eales engine, 5 speed R380 gearbox, since 1975.
1959 MGA roadster - 1.9L Peter Burgess Engine - 5 speed gearbox
Past LRs - Multiple FFRs, Discos & a Series I - some petrol, some diesel,
none Electric or H2 fuel cell - yet.
There are 10 types of people in this world: Those who understand binary, and those who don’t.
7th Jan 2020 12:19 pm
RogB
Member Since: 15 Jun 2018
Location: Mansfield
Posts: 1651
yes ive had this before, both LR main dealers and both refused to provide additional service history due to GDPR even when I pointed out that the car was not subject to data protection, only the owners details.
On one of them I even had some invoices showing the previous name and address
both totally refused to provide the information.2011 D4 XS 305 MY12 - gone but not forgotten
7th Jan 2020 12:29 pm
Madrilleno
Member Since: 13 Oct 2014
Location: Nottingham
Posts: 1742
If the invoicee's details are not on the information handed over to you, then on the face of it no PII is present and so GDPR is not a valid reason for withholding the information.
However, the registration number of the vehicle, and hence the VIN could be linked back to the previous owner, particularly if it was a personal number plate. However, that's really tenuous.There are two rules for success,
1. Never tell everything you know.
Member Since: 03 Jul 2009
Location: Glasgow
Posts: 6902
so its a fraudulent claim of full service history then if it can't be proven, cant have it both ways as you will need to prove it when you make a claimJoined the BMWX5 45e group
1994 Defender 90
2015 RRS Corris Grey/Black roof
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7th Jan 2020 1:10 pm
blue meanie D3 Decade
Member Since: 04 Aug 2005
Location: Newbury
Posts: 6861
Issue is that the possible penalties for breaking GDPR are so punitive that commercial orgs go into total paranoia about it unfortunately and accurate interpretation of the rules goes out of the window and theeeeennn......???
I'm going to ask the dealer to transcribe the detailed history & certify it as being correct, to the best of their knowledge, information & belief.
If I don't get this I may be forced to walk away.
NJSSAm I Gammon or Woke ? - I neither know nor care.
2016 Discovery 4 Landmark
2011 Mercedes Benz SL350 (R230)
1973 MG B GT V8 - 3.9L John Eales engine, 5 speed R380 gearbox, since 1975.
1959 MGA roadster - 1.9L Peter Burgess Engine - 5 speed gearbox
Past LRs - Multiple FFRs, Discos & a Series I - some petrol, some diesel,
none Electric or H2 fuel cell - yet.
There are 10 types of people in this world: Those who understand binary, and those who don’t.
7th Jan 2020 3:19 pm
Madrilleno
Member Since: 13 Oct 2014
Location: Nottingham
Posts: 1742
Thought it was 'hypothetical"? There are two rules for success,
1. Never tell everything you know.
Hypothetical dealer of course Am I Gammon or Woke ? - I neither know nor care.
2016 Discovery 4 Landmark
2011 Mercedes Benz SL350 (R230)
1973 MG B GT V8 - 3.9L John Eales engine, 5 speed R380 gearbox, since 1975.
1959 MGA roadster - 1.9L Peter Burgess Engine - 5 speed gearbox
Past LRs - Multiple FFRs, Discos & a Series I - some petrol, some diesel,
none Electric or H2 fuel cell - yet.
There are 10 types of people in this world: Those who understand binary, and those who don’t.
7th Jan 2020 5:36 pm
3disco
Member Since: 23 Sep 2010
Location: devon chardstock
Posts: 504
Is it worth hypothetically to put the reg up on the freelander2 forum and see if a previous member owned it?
7th Jan 2020 6:52 pm
RogB
Member Since: 15 Jun 2018
Location: Mansfield
Posts: 1651
its not a black 62 plate FL2 LE Sport is it ? 2011 D4 XS 305 MY12 - gone but not forgotten
I'm waiting to see whether the dealer responds to my request to fill out the service history - I doubt they will.
NJSSAm I Gammon or Woke ? - I neither know nor care.
2016 Discovery 4 Landmark
2011 Mercedes Benz SL350 (R230)
1973 MG B GT V8 - 3.9L John Eales engine, 5 speed R380 gearbox, since 1975.
1959 MGA roadster - 1.9L Peter Burgess Engine - 5 speed gearbox
Past LRs - Multiple FFRs, Discos & a Series I - some petrol, some diesel,
none Electric or H2 fuel cell - yet.
There are 10 types of people in this world: Those who understand binary, and those who don’t.
8th Jan 2020 9:05 am
DSL Keeper of the wheelie bin
Member Since: 11 May 2006
Location: Off again! :-)
Posts: 72785
NJSS wrote:
I'm going to ask the dealer to transcribe the detailed history & certify it as being correct, to the best of their knowledge, information & belief.
If I don't get this I may be forced to walk away.
NJSS
Waste of time as the “to the best of my knowledge” bit is a perfect get out of jail card. If it was me I’d assume no service paperwork = no service done. Plus when you sell the car on you’ll be the one trying to explain the gaps, that’ll be fun.
GDPR is up there with "elf un seffty" when it comes to excuses for drones to not do their job. Neither of these swathes of legislation prevent what is being refused, but there's this blank-eyed, dogmatic belief that if you repeat it often enough the customer will bog off.
I like quoting specific referenced lines from regs when confronted with this sort of butt-hattery. I can be quite persistent.
(like hanging around on a forum 2 years after I sold my last disco)I know it's not considered "kind" to say no these days, but no. Just no, ok? And if it's not ok, still no.
Do please hang around - your posts are greatly appreciated.
NJSSAm I Gammon or Woke ? - I neither know nor care.
2016 Discovery 4 Landmark
2011 Mercedes Benz SL350 (R230)
1973 MG B GT V8 - 3.9L John Eales engine, 5 speed R380 gearbox, since 1975.
1959 MGA roadster - 1.9L Peter Burgess Engine - 5 speed gearbox
Past LRs - Multiple FFRs, Discos & a Series I - some petrol, some diesel,
none Electric or H2 fuel cell - yet.
There are 10 types of people in this world: Those who understand binary, and those who don’t.
8th Jan 2020 11:36 am
M3bobby
Member Since: 21 May 2018
Location: Sleaford, LINCS.
Posts: 857
I had a similar issue but they told me that any potential future buyer could ring them and they would confirm. As it took a while for the dealer to find the records due to a private plate being on the car at the time, I asked if I could have the works ticket number or job card number. They gave me that and I put that in the service history along with the details of the dealer and the customer service persons tel number and details.012MY RRS 5.0 Supercharged Autobiography (Current)
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