Sid Umpley Posted December 18, 2012 Share Posted December 18, 2012 dont be surprised though if you where to find it difficult to get another phone if you did go through the process. i bet the phone companies share a database of people and ask for wacking deposits etc in future. Link to comment Share on other sites More sharing options...
Cyclone Posted December 18, 2012 Share Posted December 18, 2012 dont be surprised though if you where to find it difficult to get another phone if you did go through the process. i bet the phone companies share a database of people and ask for wacking deposits etc in future. That would be in breach of the DPA... They'd get into very hot water if caught doing that. ---------- Post added 18-12-2012 at 15:07 ---------- More likely they would have to pay for the phone, so saving 99p a month but having to fork out a few hundred for the phone. jb There's no way that could be enforced if the phone company had invalidated the contract. Link to comment Share on other sites More sharing options...
Sid Umpley Posted December 18, 2012 Share Posted December 18, 2012 spoken with confidence. and probably wrong. https://www.ico.gov.uk/Global/~/media/documents/library/Data_Protection/Detailed_specialist_guides/data_sharing_code_of_practice.ashx companies share data all the time, which section of the act would be in breach? Link to comment Share on other sites More sharing options...
Bonjon Posted December 18, 2012 Share Posted December 18, 2012 Hi I just got an email from my service provider (o2) saying that in February 2013 they will be putting the price of my bill up by £0.99p is it ture that I can cancel my contract wit them because this is not what I agreed to when I signed up for the contract ?? Any good sensible advise welcome You can cancel it any time, you just have to pay the remaining months worth of rental. I can almost guarantee there is no way for you to get out with a price rise, cellular companies have clause'd that one right up after a big issue a few years back. Link to comment Share on other sites More sharing options...
Cyclone Posted December 18, 2012 Share Posted December 18, 2012 spoken with confidence. and probably wrong. https://www.ico.gov.uk/Global/~/media/documents/library/Data_Protection/Detailed_specialist_guides/data_sharing_code_of_practice.ashx companies share data all the time, which section of the act would be in breach? They'd be sharing them without permission for a start. Did you actually read that link? Consent (explicit consent for sensitive personal data) is one of the conditions the DPA provides to legitimise processing. The Data Protection Directive on which the UK’s DPA is based defines ‘the data subject’s consent’ as: ‘any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed It appears to support exactly what I said, unless of course you've given your phone provider the right to share your data with whomever they wish. I certainly haven't. Link to comment Share on other sites More sharing options...
GrannyGranny Posted December 18, 2012 Share Posted December 18, 2012 TBH its not a bad deal. My wife pays the same but with a much smaller allowance, also with O2. Its possible the 5 will be cheaper to encourage new contracts. How long left? I got out of my 3 contract 2 years ago but only because I moved house and couldn't get a signal at my new location. Link to comment Share on other sites More sharing options...
barleycorn Posted December 18, 2012 Share Posted December 18, 2012 They'd be sharing them without permission for a start. Did you actually read that link? It appears to support exactly what I said, unless of course you've given your phone provider the right to share your data with whomever they wish. I certainly haven't. O2 share data, I reckon all telecomms companies will do the same. http://www.o2.co.uk/termsandconditions/privacy-policy#disclosure Schedule 2, para 6, section 1 tends to get quoted as a reason to do so. The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject. jb Link to comment Share on other sites More sharing options...
Sid Umpley Posted December 18, 2012 Share Posted December 18, 2012 seems i was right then! and i am willing to lay a quid or ten that your mobile phone contract says something very similar to the O2 one quoted above. there was a point made a few weeks ago that to read the contract end to end would take 90 minutes. have you read yours? Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted December 18, 2012 Share Posted December 18, 2012 Still, a pre-ordained contract term could be challenged as being unenforceable. See the Unfair Terms in Consumer Contracts Regulations 1999: http://www.legislation.gov.uk/uksi/1999/2083/contents/made Link to comment Share on other sites More sharing options...
barleycorn Posted December 18, 2012 Share Posted December 18, 2012 Still, a pre-ordained contract term could be challenged as being unenforceable. See the Unfair Terms in Consumer Contracts Regulations 1999: http://www.legislation.gov.uk/uksi/1999/2083/contents/made If memory serves* the disclosure of data has been challenged (or at least raised with the ICO) for telecomms companies (where I recall it being in relation to them communicating payment history to credit reference agencies), banks and a couple of others. * and we're going back a few years to when I was a regular poster on consumeractiongroup so no, I am not willing to spend the time digging up the relevant evidence. jb Link to comment Share on other sites More sharing options...
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