Damages for Breach of Data Protection Act

Crabman

Hi peeps

Amazon gave my phone number away to someone who was not entitled to it, without my prior consent or permission. They further denied doing so until I presented evidence at which point they admitted it.

Since then we have received unsolicited calls (mostly sales but a couple from the individual in question).

Since I asked for their comments on the situation, Amazon blankly said 'we do not offer further comment on this matter'.

I've already reported them to the ICO but wondered what you think about prospects of a court claim in respect of damages caused by their negligence?

The phone number is of course ex-directory and the individual would not have obtained the number if not for Amazon's negligence. We never received sales or silent calls before now.

Advice appreciated

Tozer

Sounds outrageous but the difficulty will be to prove that you have suffered any loss. The compensation that the Information Commissioner awards are of very modest amounts.

Crabman

Tozer wrote: »

Sounds outrageous but the difficulty will be to prove that you have suffered any loss. The compensation that the Information Commissioner awards are of very modest amounts.

Thanks - but the ICO say they don't award compensation.

Agreed that changing a number in these circumstances is usually free but costs will clearly be incurred in both time and call/postage costs, having to let all contacts know about a new number.

In terms of losses... I can only think of a loss of sleep due to a few early morning calls but since the phone is often silenced at night, that hasn't been a problem. Still, it's a worry that if someone wanted to call us at night in an emergency they wouldn't be able to get through.

To be frank, there should be stiff financial penalties for firms that breach the DPA. Otherwise there isn't much of an incentive for them to not be so relaxed with customers' details.

Tozer

Crabman wrote: »

Thanks - but the ICO say they don't award compensation.

Agreed that changing a number in these circumstances is usually free but costs will clearly be incurred in both time and call/postage costs, having to let all contacts know about a new number.

In terms of losses... I can only think of a loss of sleep due to a few early morning calls but since the phone is often silenced at night, that hasn't been a problem. Still, it's a worry that if someone wanted to call us at night in an emergency they wouldn't be able to get through.

To be frank, there should be stiff financial penalties for firms that breach the DPA. Otherwise there isn't much of an incentive for them to not be so relaxed with customers' details.

That's odd. They used to. Wonder what has changed? probably overloaded.

I think the fact remains though that there is limited recourse. The threat of an action may prompt some sort of offer however as companies such as Amazon would not want their name associated with breaches of data protection requirements.

The_Pedant

As a side query, do you have your number registered with the Telephone Preference Service?
http://www.tpsonline.org.uk/tps/

Companies with which you do not have a prior business arrangement (assuming they're based in the UK) that are trying to sell anything have an obligation to not call any number on this list. In either case, you can request that any company stop calling you.

Anyone then making (from 30? days after registration) an unsolicited sales call is in breach of the ummmm ... Privacy and Electronic Communications (EC Directive) Regulations 2003 (I think). You can report them to the TPS who can then push cases against some offenders.

System

tps is great in theory but it doesnt work , ive been registered with them for over a year and nothing has changed as far as im concerned it just a waste of time.

bap98189

CHRISSYG wrote: »

tps is great in theory but it doesnt work , ive been registered with them for over a year and nothing has changed as far as im concerned it just a waste of time.

I disagree with this. Since registering with the TPS about a year ago, the number of telemarketing calls we receive has gone from about 10 per week to zero. In fact I can't remember the last time I received a telesales call that wasn't from my own bank or insurance company.

If you continue to get them more than a month after registering, get the details of the company that is calling you and report them to the TPS. They may actually do something about it.

The_Pedant

Since registering with the TPS about a year ago, the number of telemarketing calls we receive has gone from about 10 per week to zero

My experiences have been similar.

If I do get a call, I do string them along, get the details of who they are & who they are calling from (key information for the purpose of reporting them), before joyfully informing them they are committing an offence under the above legislation and that I will be reporting them. I usually get assurances there & then (without prompting) that my name will be removed or tagged to not call. I then also report to TPS.

I can only recall one case of a further repeated call after taking those steps. So worth a try.