I understood that access to communications data was a Regulation of
Investigatory Powers Act 2000 part one issue and needed to be handled by
the Police through their SPOC. This particular incident would not fall
under the Local Authorities area to use RIPA
Alan Stead
IMTS
Tel 0115.9158267
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Carter, Antoinette
(KIS)
Sent: 08 September 2005 12:10
To: [log in to unmask]
Subject: Re: [data-protection] (reply) Mobile phone scam warning
I don't think you got the whole story from your lady trainee...... the
Police, BT et al have a whole range of measures available to address the
problem of phone pests, including call barring etc. Stalking is a crime
which if reported must be investigated by the Police. I suspect that
what your trainee was actually just trying to get the name and/or
address of her "phone stalker" who was probably an irate-ex or something
similar. Under those circumstances, both the Police and BT would be
quite correct in not supplying that information to her, as it could just
as easily be her stalking him as opposed to the other way round.
-----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 10:08
To: [log in to unmask]
Subject: Re: [data-protection] (reply) Mobile phone scam warning
A year or so ago I delivered a DP course, and in the break a lady
approached me and told me how she was being phone stalked. She had gone
to the police and the telecoms people, but was getting no where. To cut
a long story short she was being quoted DPA paragraphs (amongst others)
as reasons for not getting the information she wanted. I was able to
give her a few pointers of things to say and she was able to "persuade"
the police to take action on her behalf - the calls I believe then
stopped.
If a woman that feels persecuted cannot get two telecoms companies to
release information other than through the police (who didn't seem too
interested at first) then there is not much hope for another Jamster
victim.
So maybe, yes, Watchdog is the way to go....
Simon Howarth.
-----Original Message-----
From: Ekin Caglar [mailto:[log in to unmask]]
Sent: 08 September 2005 09:58
To: [log in to unmask]
Subject: Re: [data-protection] (reply) Mobile phone scam warning
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 http://www.marketingimprovement.com
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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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