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Data Protection Act

My daughter managed to access my o2 account through a o2 Customer Services Rep. She managed this by saying it was her dads account and she even gave the wrong security answer. I have contacted o2 about this and they apologised but I feel that I should be able to cancel the contract due to the security issue. Does anyone know, how I stand legally on this.

Thanks

Comments

  • As far as i understand it, the liability is with the advisor and not to do with your contract. You could follow it through and cause the person who gave access to your account some financial hardship and lose their job - and probably not be able to work in that industry again. But your contract is seperate and nothing to do with the breach of data protection.

    I'm welcome to have somebody correct me though
  • wiggler
    wiggler Posts: 70 Forumite
    Being honest you would have no chance. It shouldnt happen and the cs will be in trouble as should your daughter but a dpa breach would not constitute a breach of contract on there part of course this is all imo
  • Jon_01
    Jon_01 Posts: 5,931 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The adviser could be fined up to £5000 (unless it's changed), a breach of DPA has nothing to do with your contract and give you no grounds to cancel.
    Its up to you if you want to follow up, can you identify the agent ?
  • won1888
    won1888 Posts: 76 Forumite
    Jon_01 wrote: »
    The adviser could be fined up to £5000 (unless it's changed), a breach of DPA has nothing to do with your contract and give you no grounds to cancel.
    Its up to you if you want to follow up, can you identify the agent ?

    I phoned o2 again and they have now got a recording of the call and will check it to see if the agent did break the DPA. They will contact me later after listening to the recording.
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Even if they have breached the DPA, this has nothing to do with your contract.

    If you are planning to take action against O2, I trust you are planning to take the equivalent action against your daughter? :confused:
    Gone ... or have I?
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    When the Inland Revenue lost their Data in 2007, they wouldn't let me cancel my contract with them and I still have to pay.

    Don't think you have any chance at all, unless through "Goodwill"
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