Can we sue O2 for breach of Data Protection?

I've been an O2 customer for over 10yrs

My husband & childrens contract phones are ALL O2

My mum, sister & niece are ALL O2

So you can guess we're pretty cheesed off at the reports about the data leak giving out mobile phone number to websites.

Thanks to the person who posted it on this website - that's how I found out BEFORE it appeared in the paper.

And not even an apology text from O2.

So can we sue them for breach of data protection. I was getting phone calls from Debt consolidation companies saying "yes but you visited our website" and I wondered how the hell they got my number and now I know. I was visiting websites when visiting my sister cause she has huge debts and no job (but that's another story).

Cheers :money::money::money::money::money::money::money::money::money::money::money:
:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j
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Comments

  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    Sueing is about claiming for financial loss. Have you suffered a financial loss?
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    What outcome are you looking for?

    If it's solely about lining your pockets then you need some perspective. If you are looking to ensure this breach is investigated then make a formal complaint about O2 to the ICO.

    If O2 should suffer financially for their negligence, then the money should not go to the "victims" in this kind of instance as this just encourages a compensation culture.
  • pmduk
    pmduk Posts: 10,671 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    arcon5 wrote: »
    What outcome are you looking for?

    Compensation innit!
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    pmduk wrote: »
    Compensation innit!

    For the extreme emotional distress suffered when having to say to a cold-caller 'please don't call again'.
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • aldredd
    aldredd Posts: 925 Forumite
    I was getting phone calls from Debt consolidation companies saying "yes but you visited our website" and I wondered how the hell they got my number and now I know.

    Perhaps, but considering the 'leak' only existed for about 15 days prior, I'd be very surprised if these companies had realised this, and put something in place to capture & respond to the small cut of people visiting their sites via their O2 phone.
  • Amanita_2
    Amanita_2 Posts: 1,299 Forumite
    Now that explains why I have just had my first ever spam phone call on my mobile....

    Considering I have always kept the number a closely guarded secret I was wondering how they got hold of it. Now I know.
  • ThumbRemote
    ThumbRemote Posts: 4,714 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Sueing is about claiming for financial loss. Have you suffered a financial loss?

    No it isn't. Sueing is about claiming a financial settlement via a legal route. No financial loss is needed; it could quite conceivably be for injury, libel or a host of other reasons.

    One such reason could quite easily be a data protection breach by O2, revealing that a customer with a specific phone number has been surfing debt related websites, especially if that customer is now targetted by telesales because of O2s breach.
  • ThumbRemote
    ThumbRemote Posts: 4,714 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    arcon5 wrote: »
    If O2 should suffer financially for their negligence, then the money should not go to the "victims" in this kind of instance as this just encourages a compensation culture.

    If people have been inconvenienced by O2, why shouldn't they be rightly compensated for any inconvenience they have be caused?
  • I am on o2, I had the same happen to me.

    I got over it

    I suggest you do the same
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    edited 30 January 2012 at 11:22PM
    If people have been inconvenienced by O2, why shouldn't they be rightly compensated for any inconvenience they have be caused?

    Why should they be financially compensated? Their failure hasn't had a significant affect on ops life and the inconvenience is negligible.

    If op feels they should have an entitlement to O2s money then it should be for op to prove they deserve to be compensated, not the other way round.

    If O2 are fined for the breach, considering the minute effect on the customers, the money should be put to better use and not to line the pockets of undeserving people.

    I'm inconvenienced everytime the traffic lights turn red or when O2 send me promotional texts and I have to delete it -- doesn't mean I should get money for it.
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