Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Did O2 just allow the system to be access, but it was the employer doing the accessing please?
How was the employer able to access your phone records, would they have not been kept private on the O2 website?
Or can the employer access anyone's on this portal ?
Yes, O2 allow all their trusted partners to accesses the web portal, and it should just show their own customers, identified by a Rev Share or Dealer Code. O2 themselves did not access my account, but one of their Centre of Excellence Partners did.
My mobile phone record should have been kept private.
My former Employer can access any of its customers records by this portal. However, they are only supposed to access it for the purpose of quarterly reviews or at the customers request.
So your former employer could in theory access any o2 customer details?
Have you complained to the ICO yet please?
Yes, I complained about Telefonica O2 and about my former employer but these were about them not responding to SARs.
You should complain to the ICO about O2 and your former employer in terms of the breach of the DPA
My Complaints have been recorded against each customer, but no further action has been taken. I have complained again to the ICO last week about them accessing my phone records and O2 allowing the illegal access but they seem more interested in education than taking action at this moment.
You could also issue proceedings under Section 13 of the DPA which states:
Each Company, not customer
An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—
(a)the individual also suffers damage by reason of the contravention, or
(b)the contravention relates to the processing of personal data for the special purpos
I would be minded to issue proceedings against both the employer and O2
You can put your former employer as First Defendant and O2 as second
And can I take action against my former employer whilst they are under Police Investigation for the same offence?
However my view is in reality it is the former employer who has breached the DPA mainly because they accessed information for an improper purpose
It is not as if O2 acted improperly, they just provided the system.
Yes you can issue proceedings as this is a civil matter.
Police is criminal
But it would be a Part 8 claim so you couldnt use money claim online
It would be form N208 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
you need to complete
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My former Employer has indemnified O2 against any breaches, so is it worth pursuing both? I found employment within a few weeks, but I have suffered a £28,000 pa pay reduction. What losses can I claim for? I am taking them to an industrial tribunal for Wrongful and Unfair Dismissal, and this goes to Court 2nd and 3rd June. Could I start proceedings against them while this is ongoing?
I see. In that case I would claim from the former employer
You can claim for any losses flowing as a result of the breach.
You can issue proceedings for breach of the DPA as this is nothing to do with the ET proceedings.
Does that clarify?
Yes, thank you.
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