GDPR privacy issues ?

the watchman

I thought GDPR was more about ‘protection’ of citizens private information.

Just lately when I have been asked to prove my identity It seems that the questions being asked and proofs required are going far beyond what I consider reasonable. And when I ask why do you ask this or that question, which seems unreasonable such as my bank account details and balance to prove my ID they always quote ‘oh its to do with the GDPR regulations.

In two recent cases this has included banks, solicitors and Auctioneers asking these questions.

I am fed up with it.

So my questions is under the new GDPR is there a certain list of questions that are needed or allowed to be asked of someone to prove their identity. If there is I would like to be in a position to refuse to answer as it is not required under the GDPR.

Thanks.

Riskymove

the watchman wrote: »

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So my questions is under the new GDPR is there a certain list of questions that are needed or allowed to be asked of someone to prove their identity.

No

Rather GDPR sets out that any company wanting your data need a a lawful basis on which to collect and process it

They should be in a position to provide you with information as to what basis they are using for the various data requested and what they will do with it.

I doubt your bank balance is required for proof of identity, more likely to for proof of funds/means to pay rent. Auctioneers are required under money laundering regs to in some cases request proof of identity. You can always refuse their request, but what will that do for your interest in the property?

awec

Dav010 wrote: »

I doubt your bank balance is required for proof of identity, more likely to for proof of funds/means to pay rent. Auctioneers are required under money laundering regs to in some cases request proof of identity. You can always refuse their request, but what will that do for your interest in the property?

Your bank could ask for the current balance on an account to verify the person on the phone has access to the account.

Or they could ask you to list a few recent transactions and the exact amount they were for etc.

awec

awec wrote: »

Your bank could ask for the current balance on an account to verify the person on the phone has access to the account.

Or they could ask you to list a few recent transactions and the exact amount they were for etc.

Ah, sorry, didn’t see the reference to a bank, thought it was just auctioneers and solicitors and assumed it was a property transaction.

the watchman

Firstly thank you for your replies.


This is Just one example which has occurred which may help to clarify my concerns.

My brother and I have Enduring Power of Attorney regarding all affairs relating to our mother.
It is one in which either of us separately or jointly can manage my mother’s affairs. To be clear he can conduct any business on my mothers behalf without my consent and vice versa.

Recently we have taken the decision to sell property which my mother owns.

My brother has always dealt with these matters and I have always been very happy for him to do so.
He approached an auctioneer. The auctioneer said the first thing he needed to do was confirm my brothers Identity. No problem there. He also wanted a full copy of the EPA. And also said that the Identity checks would be carried out by a third party and that my brother would hear from them.

The third party called my brother and asked many questions which he also thought were far too invasive and was told that they would also contact me and ask a barrage of questions. Further they asked my brother what my mother’s PPS number was.
Whenever my brother asked why do you need this and that information they just kept quoting GDPR and/or money laundering concerns.!

The above is just some of the questions and concerns we have.
I have not yet spoken to this third party.

What possible reason would they have for asking for mothers PPs number.

What possible reason do they want to talk to me when my brother has full power to conduct all business. ( I don’t mind a courtesy letter to inform of whats going on, I get them all the time from my mothers banks)
If they had any concerns over the EPA they could simply contact the office in which it was registered.

And finally my brother gave the ‘auctioneer’ his email address and stated that he did not want any marketing etc. When the third party called regarding the ID check they also asked for email address, my brother declined to give it but within 2 minutes of the call he received an email from them with a fully prepared and priced contract for legal representation! Its shocking fishing behaviour. Its clearly all about fishing for business.
I could go on.

Ten Pin

Look at their GDPR policy and see what documents/information are listed as required to supply service and comply with the law.

If they are pushed to explain their requests, you may find they'll ease off on the data fishing unless they have a valid reason to request certain documents.

It's hardly necessary to have every last detail unless an actual transaction is due to be initiated. If these are just preliminary enquiries then it seems like they're being over eager to get data.

You can submit a SAR to find out what info they have on file and also instruct them to delete any/all data on file unless they can justify retention.

the watchman

Heres a little more information.
My brother did produce his passport and utility bills at the Auctioneers office to prove Identity.
So why the third party enquires?


And now I notice on the Auctioneers website their privacy policy states:-


We may collect some data regarding your family or health circumstances in appropriate cases (e.g. you are looking for a family home or need disabled access).
Property Sellers
We collect your full name and address, contact telephone number(s), email address, photo and address evidence of identity, signature and details of the property which you are selling (including photos) and your potential buyers. When you find a buyer, we will hold details of them, your conveyancer and your dealings.
We source data directly from you as an individual and in the case where a person is selling a property via another agency, who we have not had previous contact with, we also source data through public sites etc etc.....


So surely the Auctioneer had no reason to give my brothers details to the third party?