O2 Breaking data protection law

The Wizard · 12-12-2014, 16:37

Just had a text message from O2 which says...

Quote:

Hi (my name). Did you know you get lots of extras just for being an O2 customer? Because you asked us to stop sending you emails and texts, we weren't able to let you know about them. So if you want to change your mind, please visit http://s.o2.co.uk/optin/

So basically they've admitted that I've opted out of them sending me emails or texts that inform me of special offers so they decided to send me a text to inform me that I may want to change my subscripon settings because they weren't able to inform me of such offers.

Surely this in itself is a clear breach of data protection law seeing as by their own admission I've opted out of receiving messages related to offers. I should not be receiving any such text messages as I've asked not to be contacted with news about offers so why have they just sent me this message?

I have a good mind to report them to Offcom. I have no time or sympathy for companies that don't respect customers privacy requests.

The link wont work because I've removed the last part of the URL which contains my mobile number and links to my account.

sonicshadow · 12-12-2014, 17:11

In what way have they broken data protection law?

The Wizard · 12-12-2014, 17:17

Quote:

Originally Posted by sonicshadow

In what way have they broken data protection law?

I have opted out of receiving texts and emails with regards to special offers so sending someone messages of this nature when they have specifically asked not to be contacted is a breach of privacy laws.

Sending someone text messages to ask them to reconsider changing their privacy settings so they opt in to receive these messages is in my opinion a breach of my privacy settings.

chenks · 12-12-2014, 17:21

they haven't broken data protection by sending you the text, as they clearly know your number as they supply it to you.

they haven't sent you a text that you have opted out of.

however, as you said you have no time for companies like this, i assume you will be cancelling immediately?

sonicshadow · 12-12-2014, 17:22

Which one of these principles did it violate?

https://www.gov.uk/data-protection/t...protection-act

They don't seem to have shared your data with anyone without your knowledge.

Quote:

Originally Posted by The Wizard

Sending someone text messages to ask them to reconsider changing their privacy settings so they opt in to receive these messages is in my opinion a breach of my privacy settings.

When there is a set of clearly defined guidelines your opinion doesn't really enter in to it.

Although I agree the text is a bit silly.

The Lord Lucan · 12-12-2014, 17:24

Daft text, likely as demonstrated counter productive but no breach.

My name's Scott · 12-12-2014, 17:24

Why are people sticking up for o2 here? They basically said you've opted out of receiving this message but we are going to send it to you anyway. Unforgivable.

OP might have got his laws/acts mixed up but o2 are breaking some kind of law doing this. Ofcom would not approve.

sonicshadow · 12-12-2014, 17:25

Quote:

Originally Posted by My name's Scott

Why are people sticking up for o2 here? They basically said you've opted out of receiving this message but we are going to send it to you anyway. Unforgivable.

OP might have got his laws/acts mixed up but o2 are breaking some kind of law doing this. Ofcom would not approve.

What law?

My name's Scott · 12-12-2014, 17:27

Quote:

Originally Posted by sonicshadow

What law?

https://ico.org.uk/for-organisations...one-marketing/

sethpet · 12-12-2014, 17:28

No laws have been broken.

Theyve sent a text to a sim card and telaphone number they own.

The Wizard · 12-12-2014, 17:38

Quote:

Originally Posted by sethpet

No laws have been broken.

Theyve sent a text to a sim card and telaphone number they own.

Whether it's my own network provider or not, receiving marketing messages from a company that you've specifically asked not to contact you anymore with regards to this kind of message I would have thought was classed as spamming and illegal.

I was always under the impression that if a company continues to send you messages when you've previously asked them not to contact you anymore is breaking the law. My privacy settings clearly state that I don't wish to receive these kind of messages but they decided they're gonna send them anyway. Bang out of order!

jabbamk1 · 12-12-2014, 17:50

This thread is pointless...

The Wizard · 12-12-2014, 17:55

Quote:

Originally Posted by sethpet

No laws have been broken.

Theyve sent a text to a sim card and telaphone number they own.

Yes they have broken the Privacy and Electronic Regulations 2003. They have contravened section 21 of the act which clearly states that it's illegal to send someone marketing messages/calls to a.number that has unsubscribed or opted out of such.correspondence. The fact that O2 own the number is irrelevant. This doesn't make them exempt from the law.

wb9999 · 12-12-2014, 18:10

PECR only applies to messages that are 'marketing'. I don't agree with the type of message O2 sent (and so not defending them). They could easily argue their message was not marketing, and merely requesting confirmation from you of your opt-out settings - and this is permitted although likely to annoy the customer.

d123 · 12-12-2014, 18:11

Quote:

Originally Posted by The Wizard

Yes they have broken the Privacy and Electronic Regulations 2003. They have contravened section 21 of the act which clearly states that it's illegal to send someone marketing messages/calls to a.number that has unsubscribed or opted out of such.correspondence. The fact that O2 own the number is irrelevant. This doesn't make them exempt from the law.

So when did they call you?

Quote:

Unsolicited calls for direct marketing purposes

21. (1) A person shall neither use, nor instigate the use of, a public electronic communications service for the purposes of making unsolicited calls for direct marketing purposes where—

chenks · 12-12-2014, 18:22

Quote:

Originally Posted by The Wizard

Whether it's my own network provider or not, receiving marketing messages from a company that you've specifically asked not to contact you anymore with regards to this kind of message I would have thought was classed as spamming and illegal.

I was always under the impression that if a company continues to send you messages when you've previously asked them not to contact you anymore is breaking the law. My privacy settings clearly state that I don't wish to receive these kind of messages but they decided they're gonna send them anyway. Bang out of order!

so you are cancelling then?
as you said you had no time for such companies.

Silent No More · 12-12-2014, 18:24

Thread of the day.

Thanks for putting a smile on my face with your drama queen reaction OP!

call100 · 12-12-2014, 18:37

I think I might be a bit envious of someone who has so little drama in their lives that this would even enter the list of things to worry about...Lucky man....

chenks · 12-12-2014, 18:39

i got the same text from O2 a couple of days ago.
guess what i did... i hit delete and continued with my life....

Silent No More · 12-12-2014, 18:51

Quote:

Originally Posted by call100

I think I might be a bit envious of someone who has so little drama in their lives that this would even enter the list of things to worry about...Lucky man....

It's all about perspective and priorities.

Receiving a text from O2 wouldn't even make it on to my list.

Thine Wonk · 12-12-2014, 19:33

Quote:

Originally Posted by The Wizard

Just had a text message from O2 which says...

So basically they've admitted that I've opted out of them sending me emails or texts that inform me of special offers so they decided to send me a text to inform me that I may want to change my subscripon settings because they weren't able to inform me of such offers.

Surely this in itself is a clear breach of data protection law seeing as by their own admission I've opted out of receiving messages related to offers. I should not be receiving any such text messages as I've asked not to be contacted with news about offers so why have they just sent me this message?

I have a good mind to report them to Offcom. I have no time or sympathy for companies that don't respect customers privacy requests.

The link wont work because I've removed the last part of the URL which contains my mobile number and links to my account.

They have to remove you within a certain number of days, of course they can send a confirmation text asking if you're sure, but after the period you can complain about being contacted and further hassled.

The ICO is who deals with this sort of stuff, not Ofcom (one F). However I doubt the information commissioner will get too excited over 1 further text, especially if it was within the period they have to remove you (something like 7 days)

sonicshadow · 12-12-2014, 20:42

Quote:

Originally Posted by My name's Scott

https://ico.org.uk/for-organisations...one-marketing/

Thanks for the link. I actually agree that the text is stupid, I'm just not convinced it breaks any laws, presumably O2 would have checked that out prior to sending these texts.

prking · 13-12-2014, 08:59

Quote:

Originally Posted by sonicshadow

Thanks for the link. I actually agree that the text is stupid, I'm just not convinced it breaks any laws, presumably O2 would have checked that out prior to sending these texts.

Exactly, in fact as the holder of information they have a duty to make sure that they keep their records up to date (which includes marketing preferences). I can't see how seeking confirmation and telling the consumer how to change it, is breaking any laws.

Provided they also ask people who are opted in and don't harass subscribers with too many requests then I don't see the problem - other than clumsy wording.

The Lord Lucan · 13-12-2014, 09:06

Yawn.. Is this thread still going? Really? Come on now.

I'm going back to sleep..

12-12-2014, 16:37	#1
The Wizard Guest Join Date: Jul 2007 Posts: 10,516	O2 Breaking data protection law Just had a text message from O2 which says... Quote: Hi (my name). Did you know you get lots of extras just for being an O2 customer? Because you asked us to stop sending you emails and texts, we weren't able to let you know about them. So if you want to change your mind, please visit http://s.o2.co.uk/optin/ So basically they've admitted that I've opted out of them sending me emails or texts that inform me of special offers so they decided to send me a text to inform me that I may want to change my subscripon settings because they weren't able to inform me of such offers. Surely this in itself is a clear breach of data protection law seeing as by their own admission I've opted out of receiving messages related to offers. I should not be receiving any such text messages as I've asked not to be contacted with news about offers so why have they just sent me this message? I have a good mind to report them to Offcom. I have no time or sympathy for companies that don't respect customers privacy requests. The link wont work because I've removed the last part of the URL which contains my mobile number and links to my account.

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12-12-2014, 17:11	#2
sonicshadow Forum Member Join Date: Nov 2004 Posts: 6,928	In what way have they broken data protection law?

12-12-2014, 17:17	#3
The Wizard Guest Join Date: Jul 2007 Posts: 10,516	Quote: Originally Posted by sonicshadow In what way have they broken data protection law? I have opted out of receiving texts and emails with regards to special offers so sending someone messages of this nature when they have specifically asked not to be contacted is a breach of privacy laws. Sending someone text messages to ask them to reconsider changing their privacy settings so they opt in to receive these messages is in my opinion a breach of my privacy settings.

12-12-2014, 17:21	#4
chenks Forum Member Join Date: Jul 2002 Location: North Ayrshire Posts: 11,399	they haven't broken data protection by sending you the text, as they clearly know your number as they supply it to you. they haven't sent you a text that you have opted out of. however, as you said you have no time for companies like this, i assume you will be cancelling immediately?

12-12-2014, 17:22	#5
sonicshadow Forum Member Join Date: Nov 2004 Posts: 6,928	Which one of these principles did it violate? https://www.gov.uk/data-protection/t...protection-act They don't seem to have shared your data with anyone without your knowledge. Quote: Originally Posted by The Wizard Sending someone text messages to ask them to reconsider changing their privacy settings so they opt in to receive these messages is in my opinion a breach of my privacy settings. When there is a set of clearly defined guidelines your opinion doesn't really enter in to it. Although I agree the text is a bit silly.

12-12-2014, 17:24	#6
The Lord Lucan Forum Member Join Date: Apr 2005 Location: Scotland Posts: 4,966	Daft text, likely as demonstrated counter productive but no breach.

12-12-2014, 17:24	#7
My name's Scott Forum Member Join Date: Feb 2010 Location: Homerton, London, E9 Posts: 1,742	Why are people sticking up for o2 here? They basically said you've opted out of receiving this message but we are going to send it to you anyway. Unforgivable. OP might have got his laws/acts mixed up but o2 are breaking some kind of law doing this. Ofcom would not approve.

12-12-2014, 17:25	#8
sonicshadow Forum Member Join Date: Nov 2004 Posts: 6,928	Quote: Originally Posted by My name's Scott Why are people sticking up for o2 here? They basically said you've opted out of receiving this message but we are going to send it to you anyway. Unforgivable. OP might have got his laws/acts mixed up but o2 are breaking some kind of law doing this. Ofcom would not approve. What law?

12-12-2014, 17:27	#9
My name's Scott Forum Member Join Date: Feb 2010 Location: Homerton, London, E9 Posts: 1,742	Quote: Originally Posted by sonicshadow What law? https://ico.org.uk/for-organisations...one-marketing/

12-12-2014, 17:28	#10
sethpet Forum Member Join Date: Aug 2013 Posts: 494	No laws have been broken. Theyve sent a text to a sim card and telaphone number they own.

12-12-2014, 17:38	#11
The Wizard Guest Join Date: Jul 2007 Posts: 10,516	Quote: Originally Posted by sethpet No laws have been broken. Theyve sent a text to a sim card and telaphone number they own. Whether it's my own network provider or not, receiving marketing messages from a company that you've specifically asked not to contact you anymore with regards to this kind of message I would have thought was classed as spamming and illegal. I was always under the impression that if a company continues to send you messages when you've previously asked them not to contact you anymore is breaking the law. My privacy settings clearly state that I don't wish to receive these kind of messages but they decided they're gonna send them anyway. Bang out of order!

12-12-2014, 17:50	#12
jabbamk1 Forum Member Join Date: Jan 2012 Location: London, UK Posts: 8,759	This thread is pointless...

12-12-2014, 17:55	#13
The Wizard Guest Join Date: Jul 2007 Posts: 10,516	Quote: Originally Posted by sethpet No laws have been broken. Theyve sent a text to a sim card and telaphone number they own. Yes they have broken the Privacy and Electronic Regulations 2003. They have contravened section 21 of the act which clearly states that it's illegal to send someone marketing messages/calls to a.number that has unsubscribed or opted out of such.correspondence. The fact that O2 own the number is irrelevant. This doesn't make them exempt from the law.

12-12-2014, 18:10	#14
wb9999 Forum Member Join Date: May 2008 Posts: 139	PECR only applies to messages that are 'marketing'. I don't agree with the type of message O2 sent (and so not defending them). They could easily argue their message was not marketing, and merely requesting confirmation from you of your opt-out settings - and this is permitted although likely to annoy the customer.

12-12-2014, 18:11	#15
d123 Forum Member Join Date: Jul 2007 Posts: 3,993	Quote: Originally Posted by The Wizard Yes they have broken the Privacy and Electronic Regulations 2003. They have contravened section 21 of the act which clearly states that it's illegal to send someone marketing messages/calls to a.number that has unsubscribed or opted out of such.correspondence. The fact that O2 own the number is irrelevant. This doesn't make them exempt from the law. So when did they call you? Quote: Unsolicited calls for direct marketing purposes 21. (1) A person shall neither use, nor instigate the use of, a public electronic communications service for the purposes of making unsolicited calls for direct marketing purposes where—

12-12-2014, 18:22	#16
chenks Forum Member Join Date: Jul 2002 Location: North Ayrshire Posts: 11,399	Quote: Originally Posted by The Wizard Whether it's my own network provider or not, receiving marketing messages from a company that you've specifically asked not to contact you anymore with regards to this kind of message I would have thought was classed as spamming and illegal. I was always under the impression that if a company continues to send you messages when you've previously asked them not to contact you anymore is breaking the law. My privacy settings clearly state that I don't wish to receive these kind of messages but they decided they're gonna send them anyway. Bang out of order! so you are cancelling then? as you said you had no time for such companies.

12-12-2014, 18:24	#17
Silent No More Forum Member Join Date: Oct 2012 Posts: 466	Thread of the day. Thanks for putting a smile on my face with your drama queen reaction OP!

12-12-2014, 18:37	#18
call100 Forum Member Join Date: Mar 2005 Posts: 6,572	I think I might be a bit envious of someone who has so little drama in their lives that this would even enter the list of things to worry about...Lucky man....

12-12-2014, 18:39	#19
chenks Forum Member Join Date: Jul 2002 Location: North Ayrshire Posts: 11,399	i got the same text from O2 a couple of days ago. guess what i did... i hit delete and continued with my life....

12-12-2014, 18:51	#20
Silent No More Forum Member Join Date: Oct 2012 Posts: 466	Quote: Originally Posted by call100 I think I might be a bit envious of someone who has so little drama in their lives that this would even enter the list of things to worry about...Lucky man.... It's all about perspective and priorities. Receiving a text from O2 wouldn't even make it on to my list.

12-12-2014, 19:33	#21
Thine Wonk Forum Member Join Date: Mar 2009 Posts: 14,577	Quote: Originally Posted by The Wizard Just had a text message from O2 which says... So basically they've admitted that I've opted out of them sending me emails or texts that inform me of special offers so they decided to send me a text to inform me that I may want to change my subscripon settings because they weren't able to inform me of such offers. Surely this in itself is a clear breach of data protection law seeing as by their own admission I've opted out of receiving messages related to offers. I should not be receiving any such text messages as I've asked not to be contacted with news about offers so why have they just sent me this message? I have a good mind to report them to Offcom. I have no time or sympathy for companies that don't respect customers privacy requests. The link wont work because I've removed the last part of the URL which contains my mobile number and links to my account. They have to remove you within a certain number of days, of course they can send a confirmation text asking if you're sure, but after the period you can complain about being contacted and further hassled. The ICO is who deals with this sort of stuff, not Ofcom (one F). However I doubt the information commissioner will get too excited over 1 further text, especially if it was within the period they have to remove you (something like 7 days)

DS Forums

O2 Breaking data protection law

12-12-2014, 20:42	#22
sonicshadow Forum Member Join Date: Nov 2004 Posts: 6,928	Quote: Originally Posted by My name's Scott https://ico.org.uk/for-organisations...one-marketing/ Thanks for the link. I actually agree that the text is stupid, I'm just not convinced it breaks any laws, presumably O2 would have checked that out prior to sending these texts.

13-12-2014, 08:59	#23
prking Forum Member Join Date: Sep 2002 Location: Weston-super-Mare Posts: 9,167	Quote: Originally Posted by sonicshadow Thanks for the link. I actually agree that the text is stupid, I'm just not convinced it breaks any laws, presumably O2 would have checked that out prior to sending these texts. Exactly, in fact as the holder of information they have a duty to make sure that they keep their records up to date (which includes marketing preferences). I can't see how seeking confirmation and telling the consumer how to change it, is breaking any laws. Provided they also ask people who are opted in and don't harass subscribers with too many requests then I don't see the problem - other than clumsy wording.

13-12-2014, 09:06	#24
The Lord Lucan Forum Member Join Date: Apr 2005 Location: Scotland Posts: 4,966	Yawn.. Is this thread still going? Really? Come on now. I'm going back to sleep..