So, you are opted in by default…

Some of you may remember my post regarding concerns about how East Coast were collecting and managing customer data when buying train tickets online.

They actually responded very positively and I can confirm that their web forms have been changed to stop the compulsory collection of the more random looking pieces of information.

However, we never really got to the bottom of how I ended up opted-in in the first place. But, buying some more tickets this evening gave me the answer:

You are opted in by default and have to untick the box to opt-out.

This does comply with the letter of the law, which is that we are given a means of refusing (opting-out) of email marketing when buying a product or service.

But, this is not really in the spirit of the law, and not good/best practice for email marketing in the UK, which says:

“If the form has a checkbox to sign up for email communications then this checkbox must not be checked by default. The user must choose to opt-in rather than remember to opt-out.”

Tut tut.

Of course, I remembered to untick this time.

Planes, Trains, and a couple of bus companies from Scotland…

Well, the Great British Public have rallied around the underdog, as per usual, this in the Great Train Sale. There have been huge outpourings of support for Virgin Trains since the news that they would not be running the services out of Euston from December, and there is even an e-petition to urge the Government to look again at the decision which is gaining a lot of support.

It’s also going to be more than a co-incidence that Virgin Atlantic have announced a move into UK domestic operations the week after the news that the WCML franchise would be going to a competitor. Even though there has been speculation that this was on the cards since BA bought UK competitor BMI, and there must have been planning going on in the background, launching when they did has maximised publicity for the new VAA operation, riding the wave of publicity around Richard Branson saying words to the effect “We probably won’t bid for another rail franchise again, unless things change”. Because it’s diversified, Virgin can afford to “walk away”, or at least appear to, and at the same time deliver a parting blow to both the DfT and the incoming WCML franchisee, First Group.

Of course, being the underdog is nothing new to Branson – think of the “Dirty Tricks” affair with BA – so he knows how to play this role pretty well, and the man in the street finds it easy to get behind Branson as being a “people’s champion” versus the dull, bland corporates.

However, what happens next? Well, unless Virgin decide to back off, accept the franchise loss, and decide to compete in the air, it’s going to cost us (and by “us”, I mean the UK taxpayer) even more money:

If the franchise is debated in Parliament as a result of the petition, it will cost the taxpayer money.

If Virgin decide to appeal the decision, and take it to a judicial review, this will cost the taxpayer money.

If the DfT make a u-turn and decide to take the franchise away from First Group, and award it to Virgin, then First will likely want a review of their own, and/or seek compensation. Who’s going to pay for that? The taxpayer. Not First shareholders, not Stagecoach shareholders (remember, they own 49% of VT), not Richard Branson, who I’m thinking was evidently right when he dismissed rail franchising as “insane”.

The whole crazy privatisation, hashed together by the bungling Major Government, of Britain’s railways has cost the taxpayer billions, and delivered minimal benefit to the passenger.

The normal rules of a deregulated market do not apply on the majority of Britain’s railways. There is often no consumer choice other than “take it or leave it” for the majority of rail journeys, as only one operator provides a service. Many attempts at competition and open access have either failed (such as Wrexham & Shropshire), have been blocked because it threatens the incumbent franchisee, or are simply non-starters because there’s insufficient capacity in the infrastructure.

If a rail operator fails, then services aren’t allowed to stop running, because that would have disastrous consequences, instead the Government step in and constitute a quango to run the service, while the private company skulks off.

A bit like bailing out the banks when they screwed up. It’s already been done with the failure of Railtrack, and with a couple of franchises.

So, instead of competition and choice, we have an expensive raft of lawyers, consultants, and contract managers that has evolved to support our dysfunctional railway franchising and track access ecosystem.

For instance, because of the punitive blame-placing system of managing delays on the modern railway, there are teams of people known as “delay attributors” who trace train delays through the system, and work out how they were initially caused. Not so that the cause is avoided in future, so the delays are reduced, but primarily so that someone is “blamed” for the delay, so a settlement plan can push “pretend money” around between Network Rail and the train operators, because at the end of the day, it all likely balances out over time, and little real money actually changes hands.

This even costs money and time at the coal face. Example: A friend who is a Guard for a national operator was harrassed by their manager as to why their train took an extra two minutes between two points on the railway that their train didn’t even stop at. Of course, they had no idea why, because the train didn’t even stop there, and they were busy checking tickets. It left the previous station on time, and the train was on time the next station. Evidently, there was some pressure from a delay attributer on these two minutes even though they had no consequence for those on board the train. How is this a good use of our money?

Of course, this never really translates to benefit for the passenger (or the freight customer) – the various bodies involved in running the trains just point fingers.

There are a number of bodies, including the Bring Back British Rail campaign, who would like to see the railways renationalised, and they may have a point.

Ironically, during the latter years of BR, some elements of the business – such as Intercity – actually delivered a significant surplus. This in turn reduced the taxpayer burden on subsidising those services which required it – the benefit of an integrated company.

There have been attempts to build franchises which use this theory, such as the single First Great Western franchise – this used to be several seperate franchises, a profitable Intercity franchise, and subsidy-dependant commuter and rural services – the idea being a franchised operator can’t just cream off the profitable stuff, and there’s a resultant overall reduction in public subsidy for the commuter and rural services, being buoyed up by revenue from the longer distance services. However, given that First Group are now exercising the break clause in the Great Western franchise, allegedly as it’s no longer viable to pay the DfT to run the franchise (due to depressed revenues due to falling commuter numbers), even this hasn’t worked out quite as planned.

We’ve also got a laughable situation where it seems that a state-owned UK company cannot theoretically bid for a railway franchise, but at the same time we’ve got the commercial/international arms of mainland European state-owned rail operators who did, and now run UK rail franchises – Arriva (who also own Chiltern) are Deutsche Bahn, Abellio (behind Greater Anglia and Northern franchises) are Nederlandse Spoorwegen, and Keolis (who are part owners of Southern, SouthEastern, and TransPennine) are actually majority owned by SNCF. Does this consititute a net flow of taxpayer subsidy out of the UK?

This was recently highlighted in the Scottish Parliament – where you consider that ScotRail is 75% publically funded through subsidy – then why was this going to a commercial for-profit operator? Why could Holyrood not incorporate a Scottish state-owned non-profit company to run the service? Apparently, there’s some red tape in the 1993 Railways Act to deal with.

So, returning back to the WCML franchise: Branson is certain the First Group bid will result in an East Coast style bail-out. Now he’s competing in the sky, that may even give this a nudge. What if others follow Branson’s lead, dismiss railfranchising as “crazy”, and no-one wants to take on the poison chalice of the ECML?

If we assume for a moment that the new WCML franchise goes bump before the DfT can re-let ECML, does the Government end up running WCML and ECML?

Is that a foundation for re-nationalisation of train operations through the back door?

East Coast Respond on Data Collection Concerns

I’ve now recieved a positive response from UK train operator East Coast in relation to the data collection and retention concerns I had after booking a journey with them recently.

The general gist of it is that the mandatory collection of marketing data like age, number of children, etc., were “not as specified”, and it is “being fixed” so that it’s no longer mandatory to enter these details just to change your account data, such as your email address, or opt-in/out status of marketing emails.

They don’t, however, consider the information collected as excessive, as long as it’s optional and you volunteered it in the first place.

But at least they have said they are fixing the inappropriate mandatory fields in their webforms.

East Coast data hoovering – an update

Before you get too excited, I’ve not heard anything back from the powers that be at UK railway operator East Coast about the data protection concerns I have after booking tickets online. It’s only been a week. Let’s give them some time…

However, I did make the train journey whose booking let me to be concerned about the excessive and irrelevant data they were collecting, which could only be stored for one reason, and that is to improve their market intelligence.

During the journey, I used the on-train wifi, for which it requires you to “register”, and asks you provide another stream of compulsory personal information. While they didn’t want to know my inside leg measurement this time, again they want to know who I am, where I live, what’s my nearest station, and what is my reason for travelling, again as “mandatory” responses, before allowing you to use the on-train wifi service.

I don’t understand how your nearest station, or why you’re travelling, are relevant to allowing you to access the on-train internet access service. Of course, I didn’t actually put any genuine details in this contact form.

This wifi registration page also presents the “opt-in” for marketing email as already ticked – so if you don’t notice and don’t untick the box, you’re opted in to their email marketing. While it complies with the letter of the law, it doesn’t really feel to be in the spirit of the law.

What’s your perception of East Coast’s data collection and retention policies based on what you’ve read?

Want to book a train ticket? Then we need to know how many children you have…

…at least if you’re UK train operator East Coast.

I thought nothing of booking some train tickets online. I even got a decent deal. I doubt I could have done the journey cheaper in the car. They wanted me to register with the site, but then, most train companies do. They gave you an option to opt-out of email, which I took.

So, you can imagine my surprise when the next day, I got an email from East Coast, which started with “Now that you’re registered with us, we’ll be able to send you exclusive offers by email…

Erm. No, you shouldn’t be…

So, I thought I’d log into the East Coast website and check my communication preferences.

Not only did it show me as being opted in, but in order to untick the box and opt out, you have to complete some mandatory information in the “My account” page, before it will save the preferences and unsubscrive you from their mailshots.

What sort of information is it asking for?

  • My nearest rail station
  • My year of birth
  • How many children I have and how old they are
  • What the purpose of my journeys usually is
  • Who else I buy train tickets from

Now, having to fill this irrelevant information in just to change your preferences and unsubscribe from a mailing list, seems a bit excessive, don’t you think?

Note that you don’t have to give any of this information when ordering the train ticket itself (otherwise I’d have gone to an alternate online ticket seller, if I’d have known), just if you need to change anything in your account.

Yes, it’s very obvious that they are harvesting this information to build market intelligence, but this should not be collected on a mandatory basis.

I also tried the “Unsubscribe” link in the marketing email they sent, however that seems to have no effect on the preferences shown in the account on their website, which still show me as opted in.

Such an attitude to collection and retention of personal data seems a bit cavalier, doesn’t it?

I very sensibly used a + sign and token in the email address I used when signing up with East Coast, which makes the email address they use to reach me unique to them. So if they are seriously cavalier (i.e. stupid enough to sell it on to a third party) then I know whodunnit.

(Another irony is that the input sanity checking in their email contact form won’t accept a + sign token, of course, while their website will as  part of a username.)

It seems East Coast may find themselves foul of the Email Marketing Regulations and the Data Protection Act:

  • Sending marketing email which has not been asked for.
  • An unsubscribe mechanism which appears to be ineffective.
  • Mandatory collection and retention of irrelevant and excessive data.

I had a quick chat with a very helpful person from the ICO helpline yesterday, about how to approach the complaint, they agreed that it didn’t seem right that one had to provide such personal data in order to change one’s email marketing preferences, and told me to conduct all communication with East Coast in writing and keep copies of everything.

I’ve written (yes, snail mail!) directly to a suitably senior bod at East Coast explaining my concerns, and I’ll let you know what I hear.

Torrential Tannoys – can’t we just have a quiet life?

They say life imitates art, and one area I think this is true is in the growing number of speakers blasting out banal “information” tannoys. If you think of any fiction set in the future with some controlling regime (1984, Brave New World, Blakes 7), there are droning announcements blighting the lives of the citizens as they try to go about their daily business.

Anyone who uses public transport in the UK should be able to relate to this – the never-ending torrent of automated announcements that seem to bury useful information (like which station is next) in a stream of verbose drivel (to mind the gap, take our stuff with us, and remember to breathe).

Is “tannoy” really a portmanteau of “to annoy”?

Continue reading “Torrential Tannoys – can’t we just have a quiet life?”