Orange breached my data protection... can i cancel?

Human_Writes

katypetal wrote: »

Get a life?? is that really necessary?

Not in my view no.

That being said their views on the contract seem sound to me, it is a breach of DPA, but it is not a breach of contract and doesn't give you grounds to cancel.

I've had a look through the other posts and it seems some folk want to be compensated due to this although you don't. The question would be compensated for what. Although there has technically been a breach a the DPA Orange wouldn't have to compensate the affected people unless they have also suffered damage in the legal sense as a result of the breach, there is very little evidence of that.

The ICO's guide to claiming compensation is below:

http://www.ico.gov.uk/what_we_cover/data_protection/your_rights/claiming_compensation.aspx

This may have caused some inconveniece/upset/distress to the affected people but unless they can also prove damage they don't have a right to compensation.

In any event most email accounts come with Spam controls which would mitigate any damage, if that's not the case then there are plenty of free antispam programmes out there.

legoman

Human_Writes wrote: »

katypetal wrote: »

Get a life?? is that really necessary?

Not in my view no.

That being said their views on the contract seem sound to me, it is a breach of DPA, but it is not a breach of contract and doesn't give you grounds to cancel.

I've had a look through the other posts and it seems some folk want to be compensated due to this although you don't. The question would be compensated for what. Although there has technically been a breach a the DPA Orange wouldn't have to compensate the affected people unless they have also suffered damage in the legal sense as a result of the breach, there is very little evidence of that.

The ICO's guide to claiming compensation is below:

http://www.ico.gov.uk/what_we_cover/data_protection/your_rights/claiming_compensation.aspx

This may have caused some inconveniece/upset/distress to the affected people but unless they can also prove damage they don't have a right to compensation.

In any event most email accounts come with Spam controls which would mitigate any damage, if that's not the case then there are plenty of free antispam programmes out there.

agreed. I really don't understand why people are demanding compensation for this it's ridiculous!!!

insanojackson

i got this email too, orange really are a shower of poo

legoman

it seems to have been cleared up now by orange. they have sent out apologies to some, not all, but there are some people really clinging on for dear life to get something out of them.

it's hillarious. especially when some are saying that they are getting 5000 spam emails a day now... well i was one of the receivers... my email is untouched because my spam filters are set high and the chances are they are just making a fuss. either they are not getting 5000 emails a day or they were anyway and now they can blame orange in the hope for compensation.

some people just need to stop automatically thinking that if a big company (single employee) makes a mistake that this company are gonna hand out free stuff... ridiculousness.

joeh

I took out a contract with orange in June... However, i had already cancelled one contract prior to this thanks to them mucking up. This time they have sent an email out to 1000-odd people with my email address included. I have a couple of people emailing me that i dont even know. Is it possible to cancel the contract? They are saying no but i believe i have rights as they have breached my data protection.

Im really confused as to what to do :mad::mad::mad:

legoman

joeh wrote: »

I took out a contract with orange in June... However, i had already cancelled one contract prior to this thanks to them mucking up. This time they have sent an email out to 1000-odd people with my email address included. I have a couple of people emailing me that i dont even know. Is it possible to cancel the contract? They are saying no but i believe i have rights as they have breached my data protection.

Im really confused as to what to do :mad::mad::mad:

Orange are correct. This has in no way affected your mobile phone, signal, contract etc. It's completely independent from your phone contract.

drbesty

But he wants to cancel his contract so he can get a shiny new phone, can we not help him?

Jon_01

drbesty wrote: »

But he wants to cancel his contract so he can get a shiny new phone, can we not help him?

No, because there's been no breach of contract.

He might have a complaint to the data commissions office, but those take months to go through and still wouldn't end in him being able to end his contract.

drbesty

I guess my sarcasm doesnt come across to well in printed form

Jon_01

drbesty wrote: »

I guess my sarcasm doesnt come across to well in printed form

Sorry, replied far to quickly... I'll leave now. . .