Does this mean, in this day and age of mountains of laws and regulations, we
are not able to resolve such issues without a hand from BBC's Watchdog?
Ekin
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 08 September 2005 09:46
To: [log in to unmask]
Subject: Re: [data-protection] (reply) Mobile phone scam warning
The issue is that the mobile phone owner/user is seen as responsible for
what happens on the phone.
To shake this you have to prove that the phone was somehow used in (say)
Manchester while you were using it in (say) Torquay. In other words that
your phone was cloned.
Winning this one will be hard.
Carriers do not keep huge logs of traffic sent and received over their
networks. A better place for your information request is the purveyor of
the services you state that you have not bought. The challenge you face is
that your carrier is the billing agent for the unwanted service provider.
But, to me, this is a simple(!) fraud rather than data protection. Lodging
the facts of the fraud with Trading Standards is useful, but they will not
act unless many similar reports are received and it becomes in the public
interest to do so.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Simon Howarth
Sent: 08 September 2005 09:01
To: [log in to unmask]
Subject: Re: [data-protection] (reply) Mobile phone scam warning
Having done data protection work for a major mobile phone company,
threatening them with ICO complaints and Principle breaches won't work.
Nothing wrong in submitting a SAR though, you may be able to prove a call
was not made. As mentioned before, they are just the network on which
information (voice messages, SMS, etc) are carried, so have little control
over how it's used - think how BT react to people complaining they have been
hit with a premium rate dialler for their Internet access
- the bill still has to be paid.
It will therefore be very difficult to prove they have breached any
Principles.
With regard to Jamster, there have been complaints about these companies
operate and I believe that the networks should take some action over these
organisations. DO you have any young/teenage children? Can you be sure they
didn't request the ring tone on your phone?
Jamster automatically sign you up to these sorts of services when you
download a ring tone. It's extremely unethical, but there you go....
Simon Howarth.
-----Original Message-----
From: ALASDAIR WARWOOD [mailto:[log in to unmask]]
Sent: 07 September 2005 15:11
To: [log in to unmask]
Subject: Re: [data-protection] (reply) Mobile phone scam warning
Threaten them with a SAR and a complaint to ICO about breaches of
Principles 1, 3,4,and 7
Regards
Alasdair
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Devenish, Tom
Sent: 07 September 2005 14:44
To: [log in to unmask]
Subject: Re: (reply) Mobile phone scam warning
Thankyou,
I have just spoken to T-mobile who say they do not take responsibility for
these "third party" messages. I treid to explain the below advice and the
lady hung up on me?
Any ideas?
Many Thanks,
Tom
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Graham Hadfield
> Sent: 07 September 2005 08:16
> To: [log in to unmask]
> Subject: Re: Mobile phone scam warning
>
> If this ever happened to me I should be demanding to know from my
> phone provider where they received the instructions from and what
> proof they obtained that I had, indeed, subscribed. At the same time I
> should be contacting my colleagues in Trading Standards.
>
> Regards,
> Graham
>
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