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DATA-PROTECTION  January 2008

DATA-PROTECTION January 2008

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Subject:

Re: Buying a TV - who is the data contoller

From:

"Tinsley, Chris" <[log in to unmask]>

Reply-To:

Tinsley, Chris

Date:

Fri, 11 Jan 2008 15:34:56 -0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (125 lines)

It is very clear from the TVLA website that dealers are legally obliged to send them details of people buying specific type of TV equipment, this is what it says. 

   
You will be required to complete a form which details:
  
The purchaser or hirer's: 
Title, initials and surname 
Address and postcode of where the equipment will be installed
The date of the transaction 
Whether the equipment is colour or black and white 
Header and trailer - for disk and email notifications 
Your dealer name and address 
Your dealer registration and outlet number. 
What type of equipment it is (TV, video recorder, DVD recorder, set-top box, PC with broadcast card etc) - although this data is optional it is really valuable information and your help is appreciated.
 
Please take care to ensure that you spell everything correctly and any information that is hand-written is legible.  
   
What happens if we don't notify you?  
   
It is an offence not to notify us of every transaction. Failure to do so could result in a fine of up to £1,000 per offence for you, or the store manager employed by your company. 

Recently a major retailer was fined a total of £14,400 plus £1,350 costs for failing to notify TV Licensing of television equipment sales and rentals in 3 of its stores. 


This is very clear right down to the threat at the end.  There is no obligation for the dealer to save, store, backup or do anything with it apart from send it to the TVLA which suggests very strongly to me that a dealer is simply a data processor.


Chris Tinsley MSc
Wiltshire County Council
 
Information is the key

-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: 11 January 2008 15:23
To: [log in to unmask]
Subject: Re: [data-protection] Buying a TV - who is the data contoller

No they are Data Processors for TVL - the shop doesn't keep the information - they forward the information to TVL I think but it is nearly time for me to go....it has been a long week.
D 

-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Roland Perry
Sent: 11 January 2008 15:19
To: [log in to unmask]
Subject: Re: Buying a TV - who is the data contoller

In message
<[log in to unmask]
k
 >, at 14:58:51 on Fri, 11 Jan 2008, "Broom, Doreen" 
<[log in to unmask]> writes
>Surely it is Section 29 - they have no choice - legal requirement by 
>TVL people and it is a criminal offence not to have one - BB is out to 
>get you!!

In that case the TV shop is undoubtedly the Data Controller, if the data already belonged to TVL, they wouldn't need s29 notices[1] to force disclosure to themselves.

[1] A strange kind of "continuous notice", perhaps.
--
Roland Perry

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