BE line-checking numbers used for cold calling by O2

In reference to status.aa.net.uk/apost.cgi?incident=838:

We have stopped the BE line checker, and hence any new orders for BE lines for the time being following reports that O2 have passed the numbers checked to a marketing company that have been cold calling the numbers trying to sell O2 services.

I find this alarming, having used the facility in the past myself. We inexplicably received calls (purportedly) from O2 a few months ago - so I'd like to know whether they got my number from you, and how long they've been doing it for.

Furthermore, are you referring the incident to the Information Commissioner? This seems precisely the sort of issue that DPA legislation is supposed to prevent. Nowhere is anyone told or warned that their data is going to be retained, let alone passed onto a third party for canvassing purposes.

Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
....
Data subjects have the right to ...

Require that their data is not used for direct marketing.

This seems that they have flagrantly breached these conditions, so I hope you discover what they've been doing with your/our data.

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How can AA shut down BE's line checker? What has it got to do with them? Anyway I just used it.

In reply to a post by XRaySpeX:

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How can AA shut down BE's line checker? What has it got to do with them? Anyway I just used it.

Shut down their interface to BE's line checker, not the system itself ...

I would guess that it's in the t&c's somewhere in AA's contract as it's quite clearly mentioned (albeit you have to go looking for it) on the Be website

https://www.bethere.co.uk/web/beportal/privacycookie...

I'd suggest AA have a good look at any contract they agreed to and see if there's any provision in there for Be to do this

In reply to a post by Rich44:

I would guess that it's in the t&c's somewhere in AA's contract as it's quite clearly mentioned (albeit you have to go looking for it) on the Be website

https://www.bethere.co.uk/web/beportal/privacycookie...

I'd suggest AA have a good look at any contract they agreed to and see if there's any provision in there for Be to do this

It seems very dodgy to me that it isn't clearly stated at the point of data entry that there are terms and conditions applicable, that aren't related to the obvious functionality being used (i.e. you don't expect someone to start canvassing you after doing a simple line-check).

Also, I was under the distinct impression that you were supposed to be able to opt out of marketing in situation such as these (the usual "tick here to hear about our services..." gumph)

Either way, even if BE/O2 are skirting the rules somehow, it is still ethically questionable, and I'm sure most people would be highly irritated to know that their data was being given away in this manner. If "surprise and irritation level" is the yardstick for whether they should do it, I'm pretty certain the answer is _no_.

Edited by deleted (Sun 20-Feb-11 21:25:37)

Be doesn't do this! It must be AA in their interface to Be.

The O2 Availability Checker warns that they may call you. The Be one doesn't, so they can't.

In reply to a post by XRaySpeX:

The O2 Availability Checker warns that they may call you.

That would explain a lot, as said in the DPA they must ask your explicit permission for marketing stuff like that (hence the O2 checker asking you). In this case, no permission has been sought/granted before O2 ran off with the data, IANAL but it seems like O2 have made a pretty major boo-boo wrt the DPA.

Hope we can hear something substantive from AAISP soon.

completely agree, i've had similar from talktalk before now

errrr did you not read the link I posted up it's in their terms they can do this (if they wanted to)

In reply to a post by Rich44:

errrr did you not read the link I posted up it's in their terms they can do this (if they wanted to)

<post was in error>

Edited by deleted (Sun 20-Feb-11 22:13:41)