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

andy-ed

New advice surfacing is that Orange may indeed be in breach of contract for some of you! Here is the contract blurb:

19 general

disclosure of information to third parties

19.2 You agree to the disclosure to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, security agency or credit provider of:

a) any information relating to your Contract, including your personal financial information and details of how you have performed in meeting your obligations under your Contract,

b) any disclosure as may be within our Data Protection Act registration,


Orange have seemingly sent personal information contrary to their data protection act registration and outside of the agreement entered into by their customers. as such, as both disclosure to third parties and the data protection act are referred to in the contract; it is considered a breach of contract on their part to act contrary to this agreement. Possible defenses already used: defining what 'personal information' is!.. Well the Data Protection Act states : personal data” means data which relate to a living individual who can be identified— (a) from those data,

Clearly anyone with an email that is their name is without a doubt identified by the recipients of the email sent by orange. This is inescapable but unfortunately this doesn't help those people that cannot be identified by the disclosure of email addresses that do not identify the individual.

Secondly, the contract is worded that 'you agree' to the following processing of your information, this email falls outside of that agreement. If Orange have processed your personal information contrary to a contractual agreement then that is breach of contract! - Simple!

OneADay

How many joe smiths are there with a hotmail account?

Human_Writes

The contract terms clearly relate to Orange's obligations to provide network service. My understanding is that the email they sent did not relate in anyway to the network service that Orange provide or a customers contract/service, it was some sort of request for feedback/research on how their website operates wasn't it?

If that's the case as the communication wasn't related to the contract/service, the argument that Orange are in breach of contract in relation to the manner in which they asked for feedback would appear to be fundamentally flawed as their email did not relate to the contract at all.

The twelth purpose Orange registered as a Data Controller with the ICO details how they will use data for research purposes:

http://www.ico.gov.uk/ESDWebPages/DoSearch.asp?reg=4470500

I don't think you can argue that they are in breach of their data protection registration by asking for research/feedback on the way in which their website operates.

legoman

OneADay wrote: »

How many joe smiths are there with a hotmail account?

I'm joe smith!..... no wiat, I'M JOE SMITH!!



i'm joe smith.....


I'm joe smith..... :rotfl:

legoman

Human_Writes wrote: »

The contract terms clearly relate to Orange's obligations to provide network service. My understanding is that the email they sent did not relate in anyway to the network service that Orange provide or a customers contract/service, it was some sort of request for feedback/research on how their website operates wasn't it?

If that's the case as the communication wasn't related to the contract/service, the argument that Orange are in breach of contract in relation to the manner in which they asked for feedback would appear to be fundamentally flawed as their email did not relate to the contract at all.

The twelth purpose Orange registered as a Data Controller with the ICO details how they will use data for research purposes:

http://www.ico.gov.uk/ESDWebPages/DoSearch.asp?reg=4470500

I don't think you can argue that they are in breach of their data protection registration by asking for research/feedback on the way in which their website operates.

would the people who replied to the email, as in sent a group message back to everyone, be in breach of data protection as well for disclosing my email address time and time again or in fact i could accuse them of spamming me and report them to yahoo... because it's causing me massive disstress. i can't possibly cope...

maybe I could ask these people for compensation? my life is ruined...

Tony5101

I think that Orange made an almighty blunder by sending the email in the manner that they did - by revealing lots of email addresses to the general public.
I think that the DP Commissioner should give Orange a major knuckle rapping.

Do I think this should give anyone cause to get released from a telephony contract...NO.
Personally - I think people are grasping at straws to find ways out of minimum term contracts - so that they can jump into another contract and get their hands on a new shiny toy....
Only my opinion, for what it's worth.

Tony

legoman

Tony5101 wrote: »

I think that Orange made an almighty blunder by sending the email in the manner that they did - by revealing lots of email addresses to the general public.
I think that the DP Commissioner should give Orange a major knuckle rapping.

Do I think this should give anyone cause to get released from a telephony contract...NO.
Perosnally - I think people are grasping at straws to find ways out of minimum term contracts - so that they can jump into another contract and get their hands on a new shiny toy....
Only my opinion, for what it's worth.

Tony

i think some people have iPhone fever...

Tony5101

legoman wrote: »

i think some people have iPhone fever...

I think you're probably right.....and it's not even that great anyway....(oohh....now will that comment take this thread in a new direction...) lol

legoman

Tony5101 wrote: »

I think you're probably right.....and it's not even that great anyway....(oohh....now will that comment take this thread in a new direction...) lol

haha, i am actually getting one in the next few months... however, i will be buying it not expecting orange to send me one free for giving 1000 people my email address that can easily be found anyway...

we'll all be under mr jobs' command eventually so i may as well give in now...

legoman

Just had a look at the email again, i'm bored at work...



This e-mail (including any attachments) is intended for the above-named
person(s). It is confidential and may contain legally privileged information.
Any opinions expressed are not necessarily those of the company. If you
receive it in error please delete it, inform the sender and do not copy,
distribute or take any action in reliance upon it.

There, that's cleared that up then... next...