Thanks for link Martin
Having looked through the site the specific link to the consultation on the
11th Code of Practice on the ICSTIC website is.
End date set at 23rd September.
http://www.icstis.org.uk/icstis2002/default.asp?node=62
In the 10th (existing) ICSTIS Code of Practice (COP) Data Protection is
referenced in Section 3.4. The guide requires those service providers
subject to the code (which on speed read appears to be arguable as both the
premium rate service suppliers and their hosts) to deliver a notice to all
potential data subjects advising of the required disclosures to ICSTIS.
So does the Premium Rate Service deliver the notice or does the hosting
service provider attempt to cover this on their behalf in their terms and
conditions?. I must admit to not having noticed this in my service providers
contracts. I acknowldge however the consumer habit tends to be to read terms
and conditions after signing. Its not exactly a practical option in the shop
given the length and complexity of such agreements..
On a general basis I get a bit annoyed at regulators which are there to
protect consumers who attempt to set up a blanket right of access to
personal data held by those they regulate. (For ICSTIS see 3.4 in 10th COP)
Why can't they get my consent to seek the data when I raise a complaint.
(rant over)
Time to consult the small print of your telecoms service providers.
Linked to this requirements Id also observe that telecommunications
contracts would appear to be subject to the Unfair Terms in Consumer
Contracts Act.
Under this the Information Commissioner is one of the bodies empowered to
rule contract clauses as void where the contract conflicts with Data
Protection requirements. So another possible avenue of support if in
dispute with the content of any telecommunications contract.
Isn't all electronic marketing Opt in? This is supposed to put control with
the consumer.
David Wyatt
----- Original Message -----
From: "Martin Hoskins" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, September 13, 2005 2:07 PM
Subject: Re: [data-protection] Mobile Phone "Scam" Warning - Perhaps not a
scam after all !!
Hi Mandi
Your view that "the whole issue of downloads needs to be completely
revisited" is very timely as ICSTIS, the regulator, is about to review the
current rules. Please feel free to join the debate and to make your views
known to ICSTIS at http://www.icstis.org.uk/.
Regards
Martin Hoskins
Data Protection Manager
T-Mobile (UK) Ltd
Hatfield Business Park
Hatfield, Hertfordshire AL10 9BW
+44 (0)7957 234585
+44 (0)1707 319056 fax
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Mandi Barron
Sent: 13 September 2005 14:02
To: [log in to unmask]
Subject: Re: Mobile Phone "Scam" Warning - Perhaps not a scam after all !!
Hi Martin
As one who deleted all the previous emails without reading perhaps it is
unfair to join the debate at this stage, however as a parent whose 10 year
old was also fleeced for £40 last year, I do have some very strong views.
My daughter was able to register without being asked for any proof of ID
(date of birth for example) or an email being sent to me as parent (as
happens with various other things she signs up for because she is under 16).
When I did try to get the texts stopped even my provider (who in this case
wasn't T-mobile) had difficulty tracking down how this could be done as the
numbers they held had changed. I don't know if jamster was the company in
question or another, however I do know that the small print on the tv and
the web is -or certainly was - very small. My daughter didn't consult with
me as she has her monthly phone allowance which she manages herself and she
was led to believe that these were free downloads (as I'm sure the first one
was).
I think the whole issue of downloads needs to be completely revisited
Regards
Mandi
Mandi Barron
Assistant Registrar (Regulation) and Information Officer Bournemouth
University, Registry HR108, Heron House, 10 Christchurch Road Bournemouth,
BH1 3NA
tel: +44 (0) 1202 964783 fax: +44 (0) 1202 963869
email: [log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Martin Hoskins
Sent: Tuesday, September 13, 2005 12:29 PM
To: [log in to unmask]
Subject: [data-protection] Mobile Phone "Scam" Warning - Perhaps not a scam
after all !!
Some readers will have noticed a flurry of correspondence over the past few
days about this subject. (Other readers will simply have deleted the
emails).
Advice was sought from someone who felt they had been the victim of a
"scam", and they were keen to understand what evidence of "consent" had
actually been supplied to a premium rate ringtone provider to justify bills
that subsequently appeared on their telephone account. As T-Mobile was
mentioned as a company that might be the recipient of a Subject Access
Request, I feel I have the right to update and consult readers on matters
that do not affect the private relationship that Communication Service
Providers have with their subscribers.
It appears that the query may relate to a service provided by a company
called Jamster!. This company sells ring tones to customers of all the major
networks. The Jamster! website contains information on costs and also how to
subscriber to their services. These are the instructions on how to subscribe
to receive ring tones, as they appear on the Jamster! website:
a) If you have not registered at Jamster!:,
1. Select a ringtone for example.
2. Choose "Get it!".
3. Enter your mobile number and click "next".
4. Jamster! will immediately send you a password via SMS! Please enter this
password in the corresponding field on the Jamster! website. 5. Click "Get
it now!". Jamster! will then immediately send your order via SMS or as a
download link to your mobile. 6. Save your ringtone or logo.
b) If you have already registered at Jamster!,
1. Select a ringtone, for example.
2. Choose "Get it!".
3. Enter your mobile number and password and click "next".
4. Click "Get it now". Jamster! will then immediately send you your order
via SMS or as a downloadable link on your mobile. 5. Save your ringtone or
logo.
So, Jamster! will know when customers go to their website and when they
subscribe to real tone and/or poly tone subscription services. In both
instances the customer's mobile phone would have been sent a pin code via
SMS which the customer has to enter on the Web site to then activate the
subscription.
Also, customers would have been sent clear messages about the cost and how
to unsubscribe.
Naturally, Jamster! would not know whether the customer who ordered the ring
tone and received the SMS and then subsequently entered the password on the
Jamster! database was actually the person who was responsible for paying the
telephone bill. All Jamster! would know is that the person who ordered the
ring tone was able to use the phone in question. Jamster! protects itself by
requiring that its customers warrent that they are at leat 16 years old and
that they have the consent of the subscriber of the mobile service to
sign-up for and use the service on their behalf, and to agree on behalf of
the subscriber and themselves to be bound by the Jamster! terms &
conditions.
This is similar to the situation where your children run up large phone
bills on your home phone - its hard to refuse to pay the bill as you are
contractually responsible for the way "your" phone is used.
The issue of auditing "consent" in the on-line environment is one that is
likely to become more significant as the e-economy develops.
All readers are invited to browse the Jamster! website to review the
fairness and transparency of their terms and conditions & privacy policy! Go
to http://www.jamster.co.uk/ <http://www.jamster.co.uk/> . How can these be
improved / made more transparent?
Regards
Martin Hoskins
Data Protection Manager
T-Mobile (UK) Ltd
Hatfield Business Park
Hatfield, Hertfordshire AL10 9BW
+44 (0)7957 234585
+44 (0)1707 319056 fax
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reflect our opinions. We will not accept responsibility for any commitments
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the accuracy or completeness of such information.
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