Why it matters.

Let’s start with the ‘why it matters’ first.

Imagine if you will that you are in charge of a Housing Association that has circa 52,000 homes, and you want to know where to best spend your residents money.  Obviously in this day and age you’d have a tool that would provide you with granular detail of every home you managed, but for a minute lets assume that you are a little behind in this area and don’t have such a tool.  How can you gauge where best to spend your residents’ money?

One way would be to run a search on all your collated data; every email, all call notes, and submitted forms from your website.  You could search for key phrases such as ‘damp’, ‘faulty fire alarm’, ‘overgrown hedges’, etc.  This simple search would provide you with a count of how many times these phrases had been used, you could then focus your energy and your residents’ money on addressing the biggest issue negatively affecting the majority of your residents.

We’ve all heard the recorded message stating that our calls are being recorded for training etc.  If you (in your fictitious role as CEO) wanted your complaint department to listen to a call to establish if one of your customer service team had been rude to a resident, or if a resident had been rude to your staff, a recording would be extremely beneficial.

Let’s imagine you’ve accused a resident of bullying members of your customer service team, and due to this you wanted to make this resident aware that this was unacceptable.  After all, your team should be treated with respect.  With the calls as evidence, you would be able to prove this allegation was not only true, but also warranted.

Other calls could provide your training department with a wealth of knowledge, allowing them to create tailor-made training modules to address the issues identified by your own internal call monitoring.

This is all basic data management and examples of how data has been used over the last 20+ years.

Imagine what you could learn in this data driven digital age.

All you have to do is capture it, maintain it, and exploit it.  Easy, right?  These days you don’t even need large data servers, you can safely store your data in the Cloud.

How do we know GreenSquareAccord can’t maintain their data?

Well for this we need to consider one of the ongoing issues.

As some of you may be aware, I am on a communication ban with GreenSquareAccord.  I know, a company who brags about listening to their residents, who posts about putting the customer first and foremost, while in reality they block and ignore.  Not just me either, this is an often used tactic. More on this later.

In summary - an unfounded accusation was made (a particularly unsavoury one too).  As such I invoked my legal right to see/hear/read evidence of the interaction that supported this accusation.

At this point GreenSquareAccord had to admit that they didn’t have any supporting evidence. However rather than say that, they opted for the ‘we can’t find it’ excuse. To be fair, it’s difficult to find something that doesn’t exist.

The email trails

On the 3rd May I issued GreenSquareAccord with a DSAR which was (as previously noted) in response to a worrying trend GreenSquareAccord have adopted - that of playing the victim.

While on this subject, everyone has the right to be treated with respect.  Nobody should have to suffer verbal abuse, threats (or actual use) of violence, either at home, on the street, or in the workplace.

I am not a bully.  I am a frustrated resident who receives lots of emails from other frustrated residents.  GreenSquareAccord have directly and indirectly frustrated many of their residents.   

Residents (including some of my neighbours) often feel intimidated by GreenSquareAccord, by their attitude and their actions towards their residents.   GreenSquareAccord employees have also told me about a culture of bullying that exists within GreenSquareAccord, I have summarised the culture that supports this notion.

This will all be told in a future post, for now back to the issue GreenSquareAccord have with their data retention.  The reason I issued GreenSquareAccord with this latest DSAR was in response to GreenSquareAccord’s recent claim, in writing, on the 21st April 2022:

When making such a comment, it is recommended that you provide evidence that supports your claim.  For example; I haven’t just written a Facebook post stating that ‘GreenSquareAccord are useless, consistently failing in many areas!’ pulled out of the air. No. when I make a statement, I provide the background and the evidence that supports such a statement.

By providing evidence, the person(s) being accused can then review their action and if needed apologise, learn and modify their behaviour - thus enabling us all to be more mindful.

GreenSquareAccord don’t do this.

GreenSquareAccord have a habit of making claims without providing the pillars that support such a claim.  Recently they have alienated members of the LGBTQ+ community by telling others not to ‘Pink wash’ while ‘Pink washing’ themselves.  They have written articles claiming to be industry leaders having been sold a shipping container for their car park, but again I digress.

GreenSquareAccord’s first response:

On 30 May 2022, at 15:41, Data Protection <Data.Protection@greensquareaccord.co.uk> wrote:

Hello, 

I am writing to let you know that it is necessary to extend the deadline connected to your Subject Access Request. The Data Protection Legislation provides for an extension of up to two months to the standard one month.  It is necessary in the case of your Subject Access Request that the Data Controller extends the response time by one month only, and the new response date is 03/07/2022

It is necessary to extend the response date as there is complexity with your information and technical difficulties in retrieving information sets. Of course, once the disclosure is ready, it will be served to you. 

Your Sincerely 
 
The Data Protection Team @ GreenSquareAccord 
data.protection@greensquareaccord.co.uk 

Fair enough, at least it will only be ‘one month only’.  However I was curious so I responded:

On 30 May 2022, at 18:53, Ben Jenkins <email.ben.jenkins@gmail.com> wrote:

Hello,

Thank you for your email.

Can you please summarise exactly what complexities and technical difficulties you are facing in retrieving my information sets?

Dear CS team - can you forward this email onto the data protection inbox as my email maybe blocked?

Regards

Ben Jenkins

To which GreenSquareAccord replied:

On 1 Jun 2022, at 08:58, Data Protection <Data.Protection@greensquareaccord.co.uk> wrote:

Hello 

Thank you for your email.

As you are aware we are in the process of merging into GreenSquareAccord and so different service teams are changing. Due to request, and the many areas of the business this relates to.
We are experiencing issues due to:

Technical difficulties in retrieving the information.

Your request involves large volumes of information.

It is important to us that you receive your information as lawfully entitled so are working hard to complete this. Please note that if we do not need to utilise the full extension period we will not, disclosing to you as soon as possible.

Regards

Data Protection Team

Some honesty at least.  GreenSquareAccord are having technical difficulties (which is an ongoing issues as we know from our first official complaint).  And GreenSquareAccord are aware that I am lawfully entitled to this information, as we all are.  So why are they having technical difficulties?  If any of their residents can lawfully request this data why is it so difficult for GreenSquareAccord to retrieve? If GreenSquareAccord fail to provide the information are they being unlawful?

And of course a month was long enough:

On 4 Jul 2022, at 12:01, Ben Jenkins <email.ben.jenkins@gmail.com> wrote:

Hello Data Protection Team,

Your revised timeframe of 3rd July has now been missed.  I’m assuming there is a reason for this and an apology forthcoming? - Customer service team, can you please forward on to the Data Protection team as this email might be blocked?

Thanks

Ben

Although an apology was (as is always the case) lacking some data was sent:

On 4 Jul 2022, at 16:35, Data Protection <Data.Protection@greensquareaccord.co.uk> wrote:

Hello Mr Ben Jenkins, 

Please find the response to your recent Right of Access or Data Subject Access Request submitted to GreenSquareAccord, known as a Data Controller. 

I write further to your request for access to your records, which are hereby attached/enclosed accessed by the secured (by your email) link

<image001.png> IR222302-020 BJ RoA Del040822

Your request was processed in line with the Data Protection legislation, and no fee has been charged for the responding to your request. The Data Controller GreenSquareAccord has provided the response within the time scales allowed by the legislation. Please note that the legal relationship held by the Data Controller is with the leaseholder.

You requested the following:

·    Emails in which I have been discussed and (or) where any email originating from myself has been shared (internally or externally) either in its entirety or in part – Disclosed.

·    All call recordings associated (calls to and from) my number 07856748346 for the last twelve months – Disclosed.

·    Any relevant information about automated decision-making and profiling (including any notes held on your system that would be readable by any call handler) – As an organisation we do not used automatic decision making or profiling, notes are held on the Leaseholder, your Person and ATD notes disclosed.

·    The names of any third parties you’ve share my information with. – No Information Held

·    Copies of any data shared in reference to myself and my address – No Information Held

·    information about how the data was obtained – Information provided within previous SAR disclosures, or within Privacy Notice.

·    Any CCTV or photographic evidence that has been obtained and shared – The Information Owner states no information matches this search request.

The disclosure provides the information held that matches your request. As an organisation we do not process as an information store SMS messages connected with staffing, and so do not hold information that matches your request of “text messages”

As a Data Controller GreenSquareAccord must ensure that when it releases information that this is done lawfully, and we must protect the Rights and Freedoms of all Individuals and so for this reason, we may have blacked-out (redacted) or removed some information to prevent its disclosure. The law allows us to do this: 

1.      Third party information - the information is about a third party or has been provided by a third party. Please note this also includes information provided by the data subject that pertains to personal sensitives information regarding a third party irrespective of whether the third party was present at the time. 

2.      Information provided in Confidence or where a Duty of Confidence is owed. 

3.      Information already provided. 

Please be aware that GreenSquareAccord has made available information concerning Data Protection and Privacy matters on our main website, which you can locate via the following URL : https://greensquareaccord.co.uk/privacy-notice/ 

If you are not happy with the way that we handled your request or if you are not happy with the information that you have received, please let us know by emailing the data.protection@greensquareaccord.co.uk.  

If we are unable to resolve your issue you may wish to raise a complaint through the Information Commissioner ‘s Office, who are the UK’s information rights regulator. The ICO’s website also provides useful guidance and advice. 

Information Commissioner’s Office 
Wycliffe House  
Water Lane  
Wilmslow  
Cheshire  
SK9 5AF 

Kind Regards

The Data Protection Team
GreenSquareAccord

However it was not all of the data, which might mean that GreenSquareAccord have acted unlawfully?

On 4 Jul 2022, at 17:19, Ben Jenkins <email.ben.jenkins@gmail.com> wrote:

Dear CS team, can you please forward on to the DP team?

Thanks 

Hello Anthony,

Thank you for the email and the information therein.

You’ve not provided me with all call recordings - when I can expect all call recording as requested?Information shared with third parties - this is also incomplete, when will you be sending this?

Regards

Ben Jenkins 

To which GreenSquareAccord responded:

On 7 Jul 2022, at 08:35, Data Protection <Data.Protection@greensquareaccord.co.uk> wrote:

Hello Mr Jenkins,

Many thanks for your clarification request:

Due to our retention cycle applied to the retention of telephone calls we only capture recent calls.
The calls we hold on record matching your mobile has been supplied. I have of course already begun a review to ensure full disclosure to you and will report back to you shortly.Information shared with third parties.

I will seek clarification from the Service Area on this subject and again provide feedback as soon as possible. Please note that this clarification request will be logged as reference number IR2223-04-057, with expected response time of 04 August 2022. 

Please do contact us in the meantime if we can assist any further. 

Data Protection Team

This is where GreenSquareAccord move beyond having technical difficulties and into unlawful activities.

• Due to our retention cycle applied to the retention of telephone calls we only capture recent calls.

The one call GreenSquareAccord were lawfully able to provide was dated 8th March 2022.  If we are to take their statement at face value then we can assume the call made to GreenSquareAccord on the 4th March might have fallen prey to their woefully short retention cycle. However the subsequent call made on the 16th March would have certainly been available within this remit and as such was either lost or unlawfully withheld.

With this in mind, I waited while GreenSquareAccord took yet another month to find the missing data.

On 5 Aug 2022, at 17:23, Ben Jenkins <email.ben.jenkins@gmail.com> wrote:

Hello,

Data team, can you please advise on how much longer you will require to complete this search?

CS team, can you please forward this email on to the data team as I suspect it will be blocked?

Thanks

Ben Jenkins 

Alas there would be no apology for this tardiness nor were they able to find anymore data.

On 8 Aug 2022, at 16:17, Data Protection <Data.Protection@greensquareaccord.co.uk> wrote:

Hello Ben Jenkins.

I am able to reply back you with some clarifications you have requested of us.

I addressed your comments about the number of call recordings provided, providing the calls as held by the telephone recording system which has a strict rolling retention cycle. - The information provided was as held.

I raised the comments you expressed about personal data shared with third parties with the Service Area, and can confirm that the information provided is as held, However, the Data Protection team will continue searching to offer assurance on this point. 

It is important to note that there is a legal exception from disclosure of information provided by our legal representatives. Such information is redacted in full, if and of course when such information exists.

As a result and to ensure as full as disclosure to you as possible, it is necessary to extend the time period connected to your request to that of the 07/09/2022.

Your personal circumstances (being on a contact management plan, and not being the named party on the contractual arrangement held does present some technical challenges at present).

This communication does also present an opportunity to ask for any assistance to the emails missing from disclosure so that this can be investigated as fully as possible. We will be re-search for emails sent to, and coming from your email address of email.ben.jenkins@gmail.com, but wanted to ask if there another email address you wished to include in our searches.

I look forward to your reply.

Data Protection Team

This has now been raised as a complaint with the ICO.

In conclusion

• GreenSquareAccord are unable to safely maintain, track and access residents’ data

• GreenSquareAccord are unable to lawfully provide you with your data

• GreenSquareAccord may withhold data that doesn’t support their narrative - more on that soon...

  UPDATES TO FOLLOW