Privacy Alert! Opt your mobile out of new DQ services

rickbonar

Well I'm on pay you go and I know sometime back there were text messages with silly jokes coming up... and these were charging £1.50 a time..


This sort of nonsense just requires action like dwindle your credit down to a few pence for a year. Get another another sim and give the name and address of your local MP your name and location to the phone operator.

Same with this sounds like this new "service" probably farmed out to advertisers should be treated in the same way.

You should have the option to opt in rather than out but this without prompting appears to offer neither.

rickbonar

Another thing I've just thought of...

Suppose you do register as ex-directory and they honour their word and take you from their list..
Ask yourself what's to stop another mobile directory firm starting up and selling off your details once again and perhaps maybe not so responsibly.

Surely this ex-directory thing should be sorted out first with your mobile provider/s and then question whether these directory organisations should have the numbers.

Also I would have thought this must have some sort of protection on data protection act.

However as someone else pointed out often websites selling items take your mobile number for marketing or contact and this could be the source of the information.

Perhaps someone needs to come up with what do to in legal terms quickly.

makintracks

I did not see this in the initial post and it may be handy for some folks. You are only asked for your name when calling.

The number is 0800 138 6263

ayayay

roytherip wrote: »

Quote:
...

If you know either the name of someone or the street or area where they live you can get the rest of the info over the web in seconds - no cost. Now they can get your number too!

Wrong, wrong, wrong

As I set out above, there are some seriously misinformed people. The company in question does not hand out mobile numbers. They ask the recipient if they want to take a call from you and put you through.

In order for a stalker to make use of the service they would have to call and ask to be put through (after paying £1). The stalker is going to get pretty sick of paying £1 and constantly being told that the recipient doesn't want to take their call.

breathnac

While the original alert from moneysavingexpert contained inaccuracies, the service raises a number of privacy and regulatory issues which people should take up with the Information Commissioners Office and OFCOM.

Ok, the service does NOT give out mobile numbers .. rather it contacts the requested party and lets them know the 'requesting party' is looking for them and do they wish to speak with/contact them.

The company has provided a facility so people can opt-out and become ex-directory.

So what's wrong with all this?
Well, firstly, this directory enquiry (call completion) service sits outside of the regulatory framework for directories and directory enquiry services in the UK and which falls under the remit of OFCOM. Under that Framework, OFCOM has established a national directory database managed by BT and which is called OSIS. This is the OFFICIAL database and which also contains ex-directory numbers. ALL 118 providers that offer telephone numbers are entitled to access this database under the law/the regulatory framework. Mobile operators are obliged to pass subscriber information to OSIS BUT do so only where a customer has specifically requested that they want an entry in a directory or directory enquiry service - in other words where a customer has expressly opted-in. Both OFCOM and the EU (who were taking legal action against the UK government for failing to give mobile customers the right to an entry in directories) have agreed that entries in directories and directory enquiry services should be based on opt-in consent.

It is a fact that the 118800 service does not fall under any definitions of above regulatory framework and so is NOT entitled to access OSIS data or receive data from OSIS or the mobile operators.

The 118800 service is a purely private system. Ask yourself why someone should need to become ex-directory in this service if they are already ex-directory in the national OSIS database?

So what else is wrong. Well, firstly lets look at the 15 million names, addresses and numbers obtained from third parties (and which could be the retailer you bought your phone from or some online retailer who you supplied your details to). 2 pieces of law apply here.
(1) Data Protection Act 1998 - the DPA. Under the DPA those collecting your data would have needed to make you aware in a transparent and clear manner of the intention to place your details in a directory service and the purposes of that directory, and allowed you to make and informed decision as to whether you agreed or not .. in other words they needed your consent. (2) Regulation 18 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 applies - the PECRs. Reg 18 states: The personal data of an individual subscriber shall not be included in a directory unless that subscriber has, free of charge, been -
(a) informed by the collector of the personal data of the purposes of the directory in which his personal data are to be included, and (b) given the opportunity to determine whether such of his personal data as are considered relevant by the producer of the directory should be included in the directory. “ This seems quite clear that the party collecting your data should have told you about the 118800 service and given you the clear opportunity to agree - either by an opt-in box or by an opt-out box (depending on whether they published a clear and prominent notice at the time they collected your data). It seems to me that opt-in consent is required for the purposes of this directory.

So what else. Well, the company says you can obtain a copy of information they hold on you pursuant to your rights under Section 7(1) of the DPA. 118800 charge the maximum £10 fee permitted under the DPA for meeting these access requests. BUT why are they charging people when Reg 18(5) of the PECRs requires directory operators to provide subscribers with the means (free of charge) to verify, correct or withdraw their data at any time - I can find no mention of these rights on the 118800 website. Perhaps the company thinks it doesn't need to if its services sit outside the regulatory framework?

What else? Oh yes. back to the regulatory framework. ALL 118 services are regulated by PhonePayPlus which is an agency of OFCOM the government telecoms and media regulator. PhonePayPlus regulates services by a Code of Practice - the Code. the 118800 service is incompatible with the Code which (a) defines telephone directories as ones that supply phone numbers (b) requires companies providing call completion services to disclose telephone numbers to persons who demand a number and (c) requires that services must not or must not be likely to result in any unreasonable invasion of privacy. As opt-in consent has not been sought from any person in the 118800 directory, it is possible that individuals listed in the directory without their knowledge or agreement will consider contact via the call completion service to amount to an unreasonable invasion of their privacy (especially those who considered they are already ex-directory under the official national OSIS database).

So where do people go from here? If you are concerned you can ask 118800 to verify what data they have on you free of charge - send an email to the email address listed in the 118800.co.uk privacy policy. You could raise your concerns or complain directly to the Information Commissioner's Office (ico.gov.uk) .. you could do the same to OFCOM (ofcom.org.uk) and/or PhonePayPayPlus (phonepayplus.org.uk). Certainly anyone who called the 118800 service yesterday to find out a mobile number (even their own) and found that the service did not work, can complain to PhonePayPlus and also demand a refund of the £1 charge (minimum) for the calls. You could also submit a request under the Freedom of Information Act to the ICO and OFCOM concerning their dealings with Connectivity/118800 and any views expressed ..... legal reviews or alleged approvals and so on.

And don't forget this company requested that mobile operators give them ALL of their subscriber information and threatened legal action if they didn't get it! The operators refused.

I hope this has been helpful - it is not a detailed analysis of all the issues raised by this service and believe me there are a number of others!

Tigggger

ayayay wrote: »

There are a lot of seriously worried and misinformed people on this site.
Firstly, no marketing company is going to pay £1 to be put through to someone who simply has the option not even to take the call.
Secondly, any marketing company who wanted to contact you on your mobile can already do so by buying precisely the same marketing list that this company bought.
The truth is that the only people who want to pay £1 to contact you are likely to be family and friends ie someone you already know.

Call me cynical but I opted out after receiving the weekly email, and today receive a spam text despite not receiving any before, whilst marketing companies won't pay £1 per number I wonder how much they'd pay for a list of VALID uk numbers or even a list of numbers that are good for 4 weeks.

Anyone else get spam from 87666 since filling in their form ?

Totts

As someone who has been involved in the counselling and rehabilitation of sufferers of domestic violence, emotional abuse, and sexual assault of both genders, all ages, ethnicities etc this could make life somewhat difficult for some sections of the community.

Whilst I appreciate the original company seems to have an ethical stance (I have not read this entire thread but taken on board some points and concerns) the uncertainty it may generate via misinformation or speculation within vulnerable minority groups (at worst) could have a negative impact - intentional or not.

Many people surviving difficult or challenging life experiences have varying degrees of Post Traumatic Stress Disorder and it's easily exacerbated by the smallest of triggers seen to - there were be a threat of safety (rational or irrational) and the symptoms are VERY unpleasant and detrimental to quality of life.

So a hypothetical question - will these groups be forced in to registering a new pay and go sim in a random name somewhere remote in an attempt to find a loophole 'just in case' because they've been scared by what they've heard - whether it's true or not? Or do companies like these have access to link mobile numbers allocated to the sim through other methods (ie if applying for credit in a store and providing name address and mobile contact - depending on the company privacy policy).

I'm talking out loud rather than anything here, but for people who don't want the worry of it - if as has been mentioned other unscrupulous companies get hold of ex directory lists (that people MAY or MAY NOT have added themselves to as a result of a definite attempt to protect privacy) then it's trouble. Not alleging anything about this company whatsoever, but who knows what happens to databases, because of virus', hackers, folding companies desperate for rfevenue selling data on etc etc.

I did find that I removed my contract and P&G no easily and quickly for free - I only keep a spare phone to keep my dog micro chip details up to date as it's a fiver a dog to change each one if you move house - and I have had to for work/children/health in the past few years.

Equally, I was able to track down a friend I lost contact with when I had my handbag stolen a year ago, so they've been sent a text with my name and details - so if not misused it could be a good service, just like anything.

It did make me wonder though:
a.> How do I know they have the most up to date mobile number for the persoan I am contacting. They may have the same old number as me, there wasn't any indication of the registration of the persons details on this system, so that's a flaw as a start.
b.>How do I know (unless someone does ring me back) that any text messages are passed on.
c.>Have I added the other persons details to the system inadvertantly
d.>I would like a confirmation that the person contacted by text message is also not charged a fee for picking up my attempt to contact them - as this would significantly annoy any P&G customer you were trying to contact and make it much less likely for them to ring you back.

Just playing devils Ad x

maxwalker2

Ive typed my details into this website..they "found" me,so i entered my mobile no. Within 2 mins i had the 5 digit "opt out" code-entered it into the website. I am now sucessfully on the Ex-directory list......

breathnac

maxwalker2 ..

I would suggest you ask them where they got your data from so that you can put an end to the indiscriminate sale of your data ..

welsh_chick

I went on the site and had to type in some letters and numbers that I could see as well as my mobile number and within seconds a code came through to my mobile phone. I typed the numbers into the box on the website and it then said that I was ex directory. :T