'Because GDPR'

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Simpo Two

Original Poster:

87,085 posts

272 months

Tuesday 31st October 2023
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I just called the dealer who serviced my car every year for the 14 years before I owned it, to find out when the brake fluid was last changed. I have no information on what work was done at each service, just a book of stamps, because they advised the previous owner, when he p/exed it, to throw all the receipts away. Seems remarkable but there you go.

The service manager was very polite but utterly determined not to give out information relating to the car before I owned it, citing 'Because GDPR/personal information'. I pointed out there was no personal information; the information I needed pertained to the car I now owned. She countered by saying the previous owner might not want anyone to know it.

Is she right?

Berger 3rd

386 posts

186 months

Tuesday 31st October 2023
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I can’t see how that’s right, GDPR relates to information that can identify an individual (or at least partially help to if combined with other information) confirming what work had been done to a car cannot possibly do that.

I’d imagine they’re just scared of falling foul of ever tightening rules around GDPR and find it easier to give a ‘computer says no’ type response.

Also, I doubt there is a specific law about ‘the previous customer not wanting you to know it’ but they may still be a good customer of theirs, so it maybe be more about not wanting to reveal what hadn’t been done, rather than what had, and potentially drop them in it.

Big E 118

2,424 posts

176 months

Tuesday 31st October 2023
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They might as well have said "because can't be bothered". I find GDPR is used by many individuals/companies as an excuse not to do something, ask them to explain how that pertains to GDPR and they just say company policy.




MitchT

16,231 posts

216 months

Tuesday 31st October 2023
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What was done and when it was done is just service history. Sod all to do with GDPR.

simon_harris

1,787 posts

41 months

Tuesday 31st October 2023
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GDPR is all about personally identifiable information so

date of a brake fluid change - can't possibly tell you anything personal - NOT covered under GDPR

Name & address of previous owner tells you personal information - covered by GDPR.

Lazy excuse not to look it up, more likely they want to use it as a lever to get you to change the fluid anyway where they benefit from the work.

bompey

569 posts

242 months

Tuesday 31st October 2023
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Provided they do not close the personal details of the previous owner then they are fine. They ought to have the ability to redact these but the car itself is not within the scope of GDPR.

Berger 3rd

386 posts

186 months

Tuesday 31st October 2023
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To elaborate on my above post, I’d imagine it’s more a case of, OP has previous owners contact details, OP calls to ask when break fluid is changed, dealer says 2007, OP goes back to previous owner to complain, previous owner goes back to dealer to complain about being dropped in it, takes custom elsewhere etc.

I’m not saying the car hasn’t been serviced properly, more just the dealer is probably worried about saying something that might blowback on them, hence GDPR is a handy catch all excuse to hide behind to avoid saying anything at all.

Frimley111R

15,989 posts

241 months

Tuesday 31st October 2023
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I had the same when I bought our MR2 which was serviced by a local Toyota dealer for 20 years. However, the nice lady there sat and read out every service/date for the entire time. A car's service history is not personal data but some companies are very anal about it and just don't use common sense.

Simpo Two

Original Poster:

87,085 posts

272 months

Tuesday 31st October 2023
quotequote all
Big E 118 said:
They might as well have said "because can't be bothered". I find GDPR is used by many individuals/companies as an excuse not to do something, ask them to explain how that pertains to GDPR and they just say company policy.
Indeed. 'Policy' is a word used when people either can't be bothered, or are unable to, think.

Perhaps I could throw 'Freedom of Information Act' at them and request a SAR...

Mont Blanc

1,421 posts

50 months

Tuesday 31st October 2023
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A friend of mine is a manager of used car sales for a local chain of dealerships, some of it is sports/performance stuff, and he told me ages ago that they bin all receipts and invoices that come with any cars that are traded in or bought in because of GDPR.

If anyone hands in a folder of lovingly curated service history, paperwork, invoices, or receipts for their car, it just gets binned as soon as they walk out the door. If the car has a stamped service book or online history, the obviously keep it, but chuck away anything else.

He admitted they are being overzealous, and possibly misinterpreting the legislation, but their view is "Why take a chance?"

They want to eliminate the possibility of anyone contracting the previous owner and asking about the car, as they have had it happen in the past and the previous owners have, on occasion, hated it, and called the garage to complain at the intrusion into their privacy.

He says they very rarely get any issues with anyone asking why there are no invoices, receipts, or detailed history for the car. It almost never happens that someone declines to buy a car they want because of this, and if they do, the dealership classes it as 'dodged a bullet', meaning that the prospective buyer asking too many questions would likely be a pain in the arse or overly picky anyway. There is always another customer who will come along and buy the car without asking too many questions.

darreni

3,999 posts

277 months

Tuesday 31st October 2023
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bompey said:
Provided they do not close the personal details of the previous owner then they are fine. They ought to have the ability to redact these but the car itself is not within the scope of GDPR.
The problem is you can't rely on employees to remove all trace of identification from all paperwork.

Also, lets say the OP calls up, wants details on every dealer visit the car has made, for 14 years, then will want some form of written conformation. The time spent would be crazy and still no guarantee the dealer has complied with GDPR requirements.
It's more cost effective for the dealer to just say no and guarantees GDPR compliance.

Simpo Two

Original Poster:

87,085 posts

272 months

Tuesday 31st October 2023
quotequote all
Mont Blanc said:
If anyone hands in a folder of lovingly curated service history, paperwork, invoices, or receipts for their car...
- it means he's happy for that information to be passed on to the next owner... if he wasn't, he wouldn't have handed it over...

Damn this logic!

Panamax

5,087 posts

41 months

Tuesday 31st October 2023
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GDPR is one of the "great excuses" that can be used to obstruct almost anything. See also,

Diversity
Health & safety
National security
Environmental concerns

Mont Blanc

1,421 posts

50 months

Tuesday 31st October 2023
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Simpo Two said:
Mont Blanc said:
If anyone hands in a folder of lovingly curated service history, paperwork, invoices, or receipts for their car...
- it means he's happy for that information to be passed on to the next owner... if he wasn't, he wouldn't have handed it over...

Damn this logic!
Agreed.

But for the dealership, it all comes back to the whole "Why take a chance with GDPR?".

What is in it for the dealership to keep all the records? Yes, they might sell one car slightly easier every so often if they have all the old paperwork. But they clearly feel that this situation is so infrequent that it isn't worth worrying about.

sgrimshaw

7,419 posts

257 months

Tuesday 31st October 2023
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simon_harris said:
Name & address of previous owner tells you personal information - covered by GDPR.
and yet the name and address of the previous keeper is on the front of the V5 ...


MrBen986

546 posts

125 months

Tuesday 31st October 2023
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sgrimshaw said:
and yet the name and address of the previous keeper is on the front of the V5 ...

That must be a fairly old V5 - the previous keeper's details are not shown any more.

Richard-390a0

2,575 posts

98 months

Tuesday 31st October 2023
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sgrimshaw said:
simon_harris said:
Name & address of previous owner tells you personal information - covered by GDPR.
and yet the name and address of the previous keeper is on the front of the V5 ...
Not anymore...

sgrimshaw

7,419 posts

257 months

Tuesday 31st October 2023
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Putting the ridiculous attitude of the dealer to one side .... I'd assume it hadn't been changed, which would imply they haven't followed the servicing schedule and take the car elsewhere for servicing from now on.

Of course for maximum effect, tell them this in person on a busy Saturday morning.



Simpo Two

Original Poster:

87,085 posts

272 months

Tuesday 31st October 2023
quotequote all
I like to keep one move ahead of the opponent...

...so I contacted the previous owner (we've exchanged quite a few helpful e-mails since I bought the car) and obtained his consent for the dealer to pass on service details biggrin

Armed with this trump card I rang the dealer again... but actually didn't need it because I spoke with a different person. They looked up the car and said they hadn't changed the brake fluid on its last visit in 2020 so it would have been done in 2029 (can't be sure 'cos new computer system) and it should be done every two years. So thanks to him I now know I need to get it changed. Hurrah!

Champagne for Person 2 and a tray of catpoo for Person 1.

darreni

3,999 posts

277 months

Tuesday 31st October 2023
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Alternatively, if reams of original paperwork are important to you as an owner, ensure they are present before you buy the car?