New Data Law and Gambling

[Bully Wee Villa]

I have been bombarded with emails about this new Data Law pish that is coming in.

 

My query is... can I legally request that bookmakers delete all of my information under the new law, thus allowing me to register again as a new customer and get all the new customer offers?

[welshbairn]

3 hours ago, Bully Wee Villa said:

 

I have been bombarded with emails about this new Data Law pish that is coming in.

 

My query is... can I legally request that bookmakers delete all of my information under the new law, thus allowing me to register again as a new customer and get all the new customer offers?

 

Doubt it, I think they have to keep records for a certain amount of time so you wouldn't be totally wiped of their books for quite a while, if ever. Don't know what happens if you just close an account and open another in the normal way, say a year later? 

[Thistle_do_nicely]

this kind of thing is way above my pay grade tbh, but I would take a punt (ha) that they'll  use counter-fraud/prevention of money laundering as a valid basis to retain certain financial details?

[Fitba Tips]

It's a really interesting topic this. The 'right to be forgotten' has been campaigned for by a punters campaign for a few years now. GDPR states that all users have the right to have their data removed from all systems by those who gather and process users data. This does of course include bookmakers. But they appear to be ignoring it. 

18 hours ago, Thistle_do_nicely said:

this kind of thing is way above my pay grade tbh, but I would take a punt (ha) that they'll  use counter-fraud/prevention of money laundering as a valid basis to retain certain financial details?

This will probably be one of their main excuses alongside self-protection of problem gambling. However I think that could be challenged on the basis of the user would need to be suspected of a crime of exhibit tendencies of problem gambling/has already self excluded. But it won't be seen until a user tests it in the open.

"Customers have the right to have their data ‘erased’ in certain specified situations. This is in essence where the processing fails to satisfy the requirements of the GDPR. Where customers seek to exercise these rights, data controllers must respond without undue delay (and in any event within one month). This period can be extended in difficult cases, but data controllers would need to demonstrate their justification for relying on the extension provision.” 

The key here is in how the new regulations will be enforced. It is up to a user to challenge the data processor and only after an organisation fails to comply with the users request will the regulators become involved. My guess is the bookmakers will brass neck it for as long as possible, in the same way they do with disputes. But again, it won't be seen until someone tests the water. The gambling commission have already said they are not releasing specific GDPR advice for gambling operators. 

[Fitba Tips]

22 hours ago, Bully Wee Villa said:

 

I have been bombarded with emails about this new Data Law pish that is coming in.

 

My query is... can I legally request that bookmakers delete all of my information under the new law, thus allowing me to register again as a new customer and get all the new customer offers?

 

My guess is if they end up having to comply you will see an end to the offers as they stand. The bookies won't leave themselves open to it anyway. They may instigate a need to give permission for your data to be stored indefinitely (no idea if this is allowable) before you can avail of any future offers. But I am guessing about that. As are most when it comes to GDPR to be fair.  

[welshbairn]

I thought bookies had to keep records in case money laundering is suspected at a future date?

[Fitba Tips]

1 hour ago, welshbairn said:

I thought bookies had to keep records in case money laundering is suspected at a future date?

Not entirely sure about that tbh

[Cardinal Richelieu]

Had a wee bit to do with GDPR in my job. We've encountered situations where a user's right to be forgotten comes up against an organisation's requirement to know who had done something on a system many years ago. It was a bit fuzzy, but the consensus appeared to be that the latter trumps the former. 

[Homer Thompson]

On 05/06/2018 at 15:25, Cardinal Richelieu said:

Had a wee bit to do with GDPR in my job. We've encountered situations where a user's right to be forgotten comes up against an organisation's requirement to know who had done something on a system many years ago. It was a bit fuzzy, but the consensus appeared to be that the latter trumps the former. 

This. The right to be forgotten is not an absolute. If the company can prove they have a "legitimate interest" in keeping the data they can. Making sure customers dont abuse new customer deals would seem a reasonable "legitimate interest"

[lanky_ffc]

Would imagine the bookies will play the fraud card so that they can continue monitoring people who set up multiple accounts to abuse the offers.

[ClydeSI]

This. The right to be forgotten is not an absolute. If the company can prove they have a "legitimate interest" in keeping the data they can. Making sure customers dont abuse new customer deals would seem a reasonable "legitimate interest"

My take on it is that the first principal of the right to be forgotten rules out specifics that are captured in the bookies terms.

the personal data is no longer necessary for the purpose which you originally collected or processed it for;

For the purpose of tracking the eligibility of opening offers, they retain details on household, IP address, card numbers etc.

They could claim that was the purpose (or one of them)

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