Can we sue O2 for breach of Data Protection?

arcon5

ThumbRemote wrote: »

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.

There's a big difference between ops situation and an injury, libel ect. For a starters being injured affects your earning potential. Libel really depends on the individual situation - it could be something or nothing.

Comparing apples and oranges here.

ThumbRemote

arcon5 wrote: »

There's a big difference between ops situation and an injury, libel ect. For a starters being injured affects your earning potential. Libel really depends on the individual situation - it could be something or nothing.

Comparing apples and oranges here.

In no way is it comparing apples and oranges. I initially posted to correct fluffnutters incorrect statement:

fluffnutter wrote: »

Sueing is about claiming for financial loss.

As I stated, sueing is about claiming a financial settlement via a legal route. Probably the most common example is for injury, where there can be a payment releated to loss of earnings (special damages) but also specific payment for the injury itself (general damages), eg see Kemp and Kemps Quantum of Damages.

The OP may be entitled to claim damages. To take your other post:

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

The key words are 'significant' and 'negligable' - you are assuming a low impact on the OP. Irrespective, the OP has been affected by O2 and so may be able to claim from them. The size of the claim will reflect the size of the impact.

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.

Indeed. It's for the OP to properly quantify the effects it's had on them if they wish to claim. Any compensation will be commensurate with the impact on them.

MancLass

ThumbRemote wrote: »

In no way is it comparing apples and oranges. I initially posted to correct fluffnutters incorrect statement:



As I stated, sueing is about claiming a financial settlement via a legal route. Probably the most common example is for injury, where there can be a payment releated to loss of earnings (special damages) but also specific payment for the injury itself (general damages), eg see Kemp and Kemps Quantum of Damages.

The OP may be entitled to claim damages. To take your other post:



The key words are 'significant' and 'negligable' - you are assuming a low impact on the OP. Irrespective, the OP has been affected by O2 and so may be able to claim from them. The size of the claim will reflect the size of the impact.



Indeed. It's for the OP to properly quantify the effects it's had on them if they wish to claim. Any compensation will be commensurate with the impact on them.

and the net loss is 0?

fluffnutter

ThumbRemote wrote: »

If people have been inconvenienced by O2, why shouldn't they be rightly compensated for any inconvenience they have be caused?

Because demanding financial recompense for every one of life's little inconveniences just creates a litigious culture that's bad for everybody.

The OP has 'suffered' a company cold-calling them. If they think they deserve money as compensation, they should spend less time banging on about suing people and grow a pair of balls instead.

G51shopaholic

Not just one company calling me - but 6 different companies, getting 3 - 4 calls a day.

Again I take great care to keep my mobile number private. These debt companies may sell customer lists to other debt reconsilation companies or worse.

It was a total nightmare for over 2 months and wondering how the hell they got my number.

O2 should be fined & heavily.

It's not about money it's about O2 getting punished and the only way companies seem to sit up and take notice is financially.

Thanks

PS NOTE TO FLUFFNUTTER - I'm a disabled female so "growing" a pair is beyond my physical capabilities. Maybe u should grow a pair

aldredd

G51shopaholic wrote: »

Not just one company calling me - but 6 different companies, getting 3 - 4 calls a day.

Again I take great care to keep my mobile number private. These debt companies may sell customer lists to other debt reconsilation companies or worse.

It was a total nightmare for over 2 months and wondering how the hell they got my number.

But (according to O2, of course) the issue was only there for a total of 15 days. Are you suggesting that on those 15 days...
- the DCA's identified this issue for themselves
- built the processes to capture, analyse and respond to the phone numbers (baring in mind that only if they already had your number could they know WHO you were - did they use your name when they rang?)
- You then visited SIX different DCA sites - all who had these processes in place - all from your O2 Phone (not using WiFi)?

if you say so, then fine - but I'm not convinced I'm afraid.

G51shopaholic wrote: »

O2 should be fined & heavily.
It's not about money it's about O2 getting punished and the only way companies seem to sit up and take notice is financially.

I happen to agree - it was a serious breach of data protection act (imo) and need to be brought to account some how. But suggestions that people should get compo is a little excessive in my opinion

G51shopaholic wrote: »

PS NOTE TO FLUFFNUTTER - I'm a disabled female so "growing" a pair is beyond my physical capabilities

He was being metaphorical not literal - either way, what has being disabled got to do about it? Wasn't aware that a non-disabled female can 'grow a pair' either. :huh:

Fundamental_2

G51shopaholic wrote: »

Not just one company calling me - but 6 different companies, getting 3 - 4 calls a day.

Again I take great care to keep my mobile number private. These debt companies may sell customer lists to other debt reconsilation companies or worse. or worse- spelling tutors!

It was a total nightmare for over 2 months and wondering how the hell they got my number. A nightmare? Really?

O2 should be fined & heavily. possibly- depending upon the effect of their error

It's not about money it's about O2 getting punished and the only way companies seem to sit up and take notice is financially.

Thanks

PS NOTE TO FLUFFNUTTER - I'm a disabled female so "growing" a pair is beyond my physical capabilities. Maybe u should grow a pair I can think of no other reason for the use of the word 'disabled' here other than to gain sympathy for your point of argument- if I am wrong, please enlighten me - if I am right, you should be ashamed of yourself!

None of us can say we have never made a mistake

FDM

suburbanwifey

G51shopaholic wrote: »

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

I've been with O2 longer than you and this isn't stressing me out, these things happen sadly. Sue them? Bit over the top isn't it? You can't sue everybody and what exact financial loss have you indeed suffered?

"huge debts and no job" tells me you are just after money and this sounds a great way to get it. Sadly, I think you are on a hiding to nowhere.

custardy

G51shopaholic wrote: »

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

how about you ask O2 for a free number change, and say 1 years call forwarding on your old number?

bigfatface

You could have not answered your phone, and let it ring out. problem sorted!