Guidance on Requesting Personal Information.

Transcription

1 Guidance on Requesting Personal Information. The following is a guidance to help make sure you get everything you want and need from Vodafone, when you request your personal information. If you need help with filling out our form, please refer to Section C below. 1) Subject Access Requests: Some basics to help you. The Data Protection Act, 1998 gives individuals the right to ask organisations that hold information about them for access to that information. This right is called a Subject Access Request and we will refer to this as SAR throughout the guidance. You can exercise this right at any time. However before you submit a SAR to us: We would like to ask you to please make sure you have tried to resolve matters with our Customer Services team, or have lodged an appropriate complaint / dispute, to give us an opportunity to fix things, if we have got anything wrong. As you can see from below, they can provide you some information without the hassle of waiting for a SAR. If you have tried and still believe the information we hold about you is not correct, or need it to verify things then please use the Subject Access Request Form located here. It will help make sure you get what you need as quickly as possible. 2) Who can make a SAR? The right to make a Subject Access Request only applies to individuals. This means: Living people; Sole trader businesses; Duly authorised persons acting on someone s behalf (e.g. solicitor, carer, relative). X X Business / Corporate Accounts: If you are a customer seeking any information regarding a business account, we will not be able to assist you under this process. You should contact Customer Services, or your Account Manager. Deceased customers: If you are the executor of an estate, and need access to information for administration purposes, or a relative of someone who has passed away, please contact our bereavement team.

2 3) Important information about what you need to provide to us for a successful SAR: You must make your subject access request in writing, and include: Sufficient information to enable us to identify: Your account; Enough details to help us locate the particular information you are seeking such account notes or call recordings. Please see the sections below for what information we have about you to see if we even have what you are looking for. Documentation to confirm your identity and that you are entitled to have access to the information being requested; Document duly authorising any third parties to making a request on your behalf and their ID; The statutory fee (postal order or cheque made payable to Vodafone Limited) Please note a payment of an additional made to the account will not suffice and may delay processing the request Until we have all this we will not be in a position to deal with your request, nor are we obliged to under the legislation. You will find that completing Vodafone s template form will help you make a successful request and avoid any delays in it being processed. Please see section X for assistance on how to fill out the Vodafone SAR form. We have 40 days from receipt of your SAR to respond and provide your information back to you. We will try and respond as quickly as possible, but if you need your information sooner please let us know, and we ll try and accommodate this. 4) What information does Vodafone have on me? In line with good privacy and data protection principles, Vodafone minimises the personal data it collects about you. Many people believe we hold much more information than we actually do and whether we can provide you with what you want may depend on: The type of account you have with us, The nature of the dealings that have passed between us; and The services that you use. Please read the information below carefully before making a request to ensure that we actually hold the information you are looking for. For an explanation of what information we may be able to provide to you: Please refer to Section A if you are a contract customer. Please refer to Section B if you are a pre-pay customer. Please refer to Section C on how to fill out our SAR form.

3 SECTION A) INFORMATION HELD ON CONTRACT CUSTOMERS. Information that is NOT AVAILABLE even under a SAR: Content of Calls, SMS, MMS or Voic Vodafone is unable to provide you with information about the content of any calls, voic , SMS or other messages. Vodafone does not record the content of the calls you make or the wording of your messages. Copies of Contracts We are unable to provide you with a copy of your signed contract. These are not held in a relevant filing system. We can provide you with copies of your terms and conditions, please read below for more details. Information available from Vodafone, without needing to make a SAR: Copies of Bills You do not need to make a SAR in order to get a copy of your bill. Customer Services can provide you with a copy of your Vodafone bill (or several copies if you need) You can contact them by dialling 191 from your Vodafone mobile or via the Contact Us page on our website: You may be charged for these. Information about your contract Information about: The specific tariff you are on; Your contract s start and end dates. These are available by contacting Customer Services. You can them by dialling 191 from your Vodafone mobile or via the Contact Us page on our website: If you are seeking information about the terms of your contract, you can find the airtime terms and conditions via the Terms and Conditions page on our website: Copy of Proof of Purchase (Receipts) for Mobile Handsets You do not need to make a SAR, in order to obtain a copy of a receipt. Customer Services can help you get a copy of your receipt (to prove purchase of your handset for insurance or other purposes). You can contact Customer Services by dialling 191 from your Vodafone mobile or via the Contact Us page on our website:

4 Information that may be available through a SAR: Account notes and correspondence The entries on the account notes are a summary of activity on your account generated either automatically by the system, or as a result of your interactions with our customer service agents. Vodafone does not automatically keep a copy of all correspondence. Many letters or other messages you receive from us are produced automatically, with just your contact details inserted: actual copies may not be retained on our systems: instead a note is made to state that a standard letter or notification was sent to you. When correspondence is kept, it will be attached to your account and will be available by making a request for copies of your account notes. Lists of calls and SMS / MMS made to and from your Vodafone Mobile Phone You will be able to request lists of calls and texts made from your mobile phones. We store detailed records of incoming calls, texts and other messages for a 12 month period only. We cannot provide you with details of incoming calls or messages older than 12 months. We will not provide details relating to incoming calls, unless we have a Court Order. This is to protect the privacy of the individual who made the call. Please see section at the end about Court Orders if you need incoming call information. List of incoming SMS / MMS to your mobile phone. Vodafone can provide you with a list of your incoming SMS / MMS for the previous 12 months only. If you have been charged with a Driving Offence involving a mobile phone. If you have been charged with a driving offence related to mobile telephone use, to assist you in court Vodafone will provide you with your list of: Incoming calls without any originating numbers; Incoming SMS and MMS-es; and Outgoing calls, SMS and MMS-es. Proof that you have been charged by the Police must be provided with your SAR. Vodafone will only have the preceding 12 month of incoming call, SMS and MMS data. Copies of Call Recordings made to Vodafone Customer Services Vodafone does not record all of the calls made to our call centres. Those that are recorded are generally only retained for between 3 and 60 days. Because of this, the specific call recording that you are seeking may not always be available.

5 SECTION B) INFORMATION HELD ON PRE-PAY CUSTOMERS: For Unregistered Pay-as-You-Go Mobile Phone Numbers please note. If your pay-as-you-go phone is not registered with us we cannot verify your identity and so we will not disclose any information without a Court Order. If you subsequently choose to register your account, you will only be able to access information from the date of registration, but not prior to that date. IF YOU ARE A REGISTERED PRE-PAY CUSTOMER: Information that is NOT AVAILABLE even under a SAR: Content of Calls, SMS, MMS or Voic Vodafone is unable to provide you with information about the content of any calls, voic , SMS or other messages. Vodafone does not record the content of the calls you make or the wording of your messages. Copies of Contracts We are unable to provide you with a copy of your signed contract. These are not held in a relevant filing system. We can provide you with copies of your terms and conditions, please read below for more details. Billing Information We are unable to provide itemised bills or details of call costs for prepay customers as we do not store this information in our systems. Information that may be available without making a SAR: Copy of Proof of Purchase (Receipts) for Mobile Handsets You do not need to make a Subject Access Request in order to obtain a copy of a receipt. Customer Services can help you get a copy of your receipt (to prove purchase of your handset for insurance or other purposes). You can contact Customer Services by dialling 191 from your Vodafone mobile or via the Contact Us page on our website: Information about your contract If you are seeking information about the terms of your contract, you can find the airtime terms and conditions via the Terms and Conditions page on our website: Information about the specific tariff you are on, as well as your contract start and end dates is available by contacting Customer Services. You can them by dialling 191 from your Vodafone mobile or via the Contact Us page on our website:

6 Top ups and available credit You can get information about recent top-ups and available credit by contacting Customer Services (by dialling 191 from your Vodafone mobile or via the Contact Us page on our website: Information that may be available through a Subject Access Request Account notes and correspondence The entries on the account notes are a summary of activity on your account generated either automatically by the system, or as a result of your interactions with our customer service agents. Vodafone does not automatically keep a copy of all correspondence. Many letters or other messages you receive from us are produced automatically with just your contact details inserted: actual copies may not be retained on our systems: instead a note is made to state that a standard letter or notification was sent to you. When correspondence is kept, it will be attached to your account and will be available by making a request for copies of your account notes. Lists of calls and SMS / MMS made to / from your Vodafone Mobile Phone You will be able to request lists of calls made from your mobile phones. We store records of incoming calls, texts and other messages for a 12 month period only. We cannot provide you with details of incoming calls or messages older than 12 months. We will not provide details of incoming calls unless we have a Court Order. This is to protect the privacy of the individual who made the call. Please see the section at the end about Court Orders if you need incoming caller information. List of incoming SMS / MMS to your mobile phone. Vodafone can provide you with a list of your incoming SMS / MMS for the previous 12 months only. If you have been charged with a Driving Offence involving a mobile phone. If you have been charged with a driving offence related to mobile telephone use, to assist you in court Vodafone will provide you with your list of: Incoming calls without any originating numbers; Incoming SMS and MMS-es; and Outgoing calls, SMS and MMS-es. Proof that you have been charged by the Police must be provided with your SAR. Vodafone will only have the preceding 12 month of incoming call, SMS and MMS data.

7 Copies of Call Recordings made to Vodafone Customer Services Vodafone does not record all of the calls made to our call centres. Those that are recorded are generally only retained for between 3 and 60 days. Because of this, the specific call recording that you are seeking may not always be available. SECTION C) ASSISTANCE WITH FILLING OUT THE VODAFONE SAR FORM. Please find below some helpful hints and tips to make sure you get a successful SAR and a great experience from Vodafone. Please insert your personal details here. This will help us identify who you are. If you choose delivery by , we will send to this address. Please provide us with the mobile number(s) / account number to which your request relates. Authorised users on Account. Please let us know if people other than you have additional numbers on your mobile phone account. (E.g. wife, children) and which mobile number is theirs. If you are asking to have their information too, please also see section on Authorisation below. Please tick which type of mobile phone account you have. We cannot provide data about unregistered pre pay mobiles without a Court Order. Please tick this box if you don t want your SAR returned by . If you don t tick this box, we will return it to you via the you have provided above on the form.

8 Date Range: Vodafone asks you to give us a date range between which you would like to receive your personal data. This is very important as some accounts that have been for a long time will have lots of data. If you limit your request, it will reduce the amount of things you need to read through. Think of the date of the event that led to your make your SAR and allow for a buffer on either side. E.g. Let s say you opened your account in The issue which you want information about happened on: 10/1/2014. Then with a small buffer if you put 8/1/2014 TO 12/1/2014 we can provide relevant materials, instead of years of irrelevant things. Please tick which categories of personal data you would like Vodafone to provide between the date ranges you have specified. Each of these items are discussed in detail in this Guidance. Please note for incoming calls with originating numbers Vodafone will require a Court Order. Please see the following section on Court Orders for further information.

9 Please return your SAR to this address to minimise any delays in processing its contents. Declaration and checklist. Please make sure you have: enclosed and checked the required documents; understood the declaration; Authorisations: If you are making a SAR on someone s behalf, or if you need access to an authorised account user s information as part of your SAR, you will need their authority for Vodafone to disclose their data to you. Please make sure your authority: Sign and date clearly identifies the account holder or authorised users; and clearly states that they are happy for Vodafone to disclose their personal information to you. Please don t forget to sign and date your SAR.

10 SECTION D) COURT ORDERS AND INCOMING CALLS. Vodafone will only disclose incoming call data with originating numbers with a court order. This is to protect the privacy rights of those third parties that have called the mobile phone, but are not in a position to give consent to their data being disclosed. This position will not be deviated from, so you will need apply to a Court and justify why you need incoming calls with telephone line identification. Please note that Vodafone only retains this information for 12 months, requests outside this period will not be able to be complied with. This position applies to solicitors equally as it does to customers. There are important things to make sure when you are applying for a court order that will reduce the chances of Vodafone rejecting the court order, and asking for further clarification. Unfortunately the orders we see at times although well intentioned, fail to create the direct legal obligation on Vodafone to disclose incoming call data. In these instances Vodafone regrettably has no choice but to return the order and ask that you reapply for it in the appropriate terms. To avoid this and any unnecessary delays, please follow the guidance below and use the draft wording. The order must: State and properly identify who the data subject is and whose call records are to be disclosed. Solicitors and customers please note: If you are seeking incoming calls to an unregistered Pre-Pay mobile, i.e. one that has not been registered with Vodafone as belonging to a specific person, then please do not refer to the mobile in the order as belonging to a specific person. E.g. Vodafone Limited shall disclose incoming calls to Joe Bloggs mobile Vodafone will have no information to suggest that the number belongs to Joe Bloggs and because of that we ll have to reject the order. If you are unsure whether the Pre-Pay mobile has been registered, then please omit all references to ownership of the mobile by a specific person to ensure Vodafone can disclose the requested materials at speed. Apply to the data subject s mobile carrier at least, but ideally it should also refer to Vodafone by name and state that the order applies to Vodafone Limited directly. Orders directing solicitors to obtain and disclose documents are not acceptable or deemed valid for this purpose. List ALL of the type of communication data sought. Bear in mind that Vodafone will rely on the court order to disclose all personal data to you. Therefore although Incoming / outgoing calls Incoming / outgoing SMS and/or MMS Mobile Data Usage reports. Location data State the range of dates between which disclosure of the information is sought. E.g.: The above types of data are requested from 1/2/2014 to 2/2/2014. Dates are interpreted to be inclusive. Signed and/or sealed.

11 Draft wording for Court Orders: The court hereby orders Vodafone Limited to disclose as soon as practicable to the [Applicant] [Applicant s Solicitors] [Mr/Mrs/Ms XXXXXX] [Respondents] [Respondent s Solicitors] [Please delete as appropriate] the following items of personal data within its control, related to mobile phone number[s] [ ] from the date [XX/XX/XXXX] to [XX/XX/XXXX] inclusive: [Please delete as appropriate] 1) Incoming / outgoing calls 2) Incoming / outgoing SMS / MMS 3) Mobile Data use records 4) Location data held 5) Call recordings 6) Account notes Service shall be electronically to the following address: [Please insert address for service] or to the following address [Please insert address for service]