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Invasion of privacy

  • 31-01-2008 3:47pm
    #1
    Registered Users, Registered Users 2 Posts: 1,262 ✭✭✭


    If someone posted an honest opinion of a service provided by a company in response to a request for such opinions by another boardsie and that person was subsequently telephoned by the company concerned in response to that post, asking for it to be removed - would this be considered an invasion of privacy?
    Post edited by Shield on


«1

Comments

  • Closed Accounts Posts: 15,914 ✭✭✭✭tbh


    it depends, I think. how did they get your phone number? Were they "telling" you to remove it, or asking? What grounds did they give?


  • Registered Users, Registered Users 2 Posts: 1,262 ✭✭✭di11on


    tbh wrote: »
    it depends, I think. how did they get your phone number? Were they "telling" you to remove it, or asking? What grounds did they give?

    They said "their advice was for it to be removed"... as if their would be some negative consequence (they didn't say this explicitly).

    The grounds were that it was defamatory (which I don't believe it was).

    They got my phone number from their records because I'm a customer of theirs. They deduced who I am from my signature, I guess.


  • Closed Accounts Posts: 15,914 ✭✭✭✭tbh


    I don't think you could say it's an invasion of privacy, but it's certainly heavy handed. My advice would be to let the admins know (you could drop them a pm or report the post in question) and see what they have to say - if nothing else, it'll give them a heads-up. You could try stripping all subjective text from the post if there is somethere - i.e. don't say you got a **** service, explain exactly what happened and leave it to others to make their minds up. It's an interesting problem.


  • Registered Users, Registered Users 2 Posts: 17,727 ✭✭✭✭Sherifu


    Or maybe from your DOB and first name in your profile, however they found your phone number I would consider it harassment to be calling you about a post on here. Can you afford to cut ties with this company?

    It's not very hard to deduce the company involved :)


  • Registered Users, Registered Users 2 Posts: 19,976 ✭✭✭✭humanji


    If you didn't say anything deflamatory then nuts to them, they're just being jerks. If you did, then either edit the post or remove it.


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  • Registered Users, Registered Users 2 Posts: 15,443 ✭✭✭✭bonkey


    di11on wrote: »
    They deduced who I am from my signature, I guess.

    In this case, its not really an invasion of privacy. If you freely put information online which allows you to be identified, then you can't complain if someone uses it.

    As pointed out, your public profile gives everything you need to get your name.
    Your sig provides a telephone number to a family-run business.

    What part of putting those two bits of information together is invading privacy, when you put both in the public domain?


  • Closed Accounts Posts: 15,914 ✭✭✭✭tbh


    rkm wrote: »
    Or maybe from your DOB and first name in your profile, however they found your phone number I would consider it harassment to be calling you about a post on here. Can you afford to cut ties with this company?

    It's not very hard to deduce the company involved :)

    if its something you said today, I wouldn't see a problem with it, and I doubt they'll be able to do anything about it - I AM NOT A LEGAL HEAD.


  • Moderators, Category Moderators, Arts Moderators, Entertainment Moderators, Social & Fun Moderators Posts: 16,663 CMod ✭✭✭✭faceman


    Can we see a link to the post in question?


  • Registered Users, Registered Users 2 Posts: 17,727 ✭✭✭✭Sherifu


    tbh wrote: »
    if its something you said today, I wouldn't see a problem with it
    I would have a problem with it, I hate unsolicited calls.
    tbh wrote: »
    I doubt they'll be able to do anything about it - I AM NOT A LEGAL HEAD.
    Me either, dunno.
    "their advice was for it to be removed"... sounds like they're chancing their arm to me.


  • Registered Users, Registered Users 2 Posts: 1,262 ✭✭✭di11on


    faceman wrote: »
    Can we see a link to the post in question?

    I'd rather keep this a generic discussion, for the moment at least :-)


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  • Registered Users, Registered Users 2 Posts: 19,976 ✭✭✭✭humanji


    Well from the implied "negative consequence", then they're threatening and not just chancing their arm. Call them up and ask to speak to a manager.


  • Moderators, Category Moderators, Arts Moderators, Entertainment Moderators, Social & Fun Moderators Posts: 16,663 CMod ✭✭✭✭faceman


    I understand, no probs.

    heres my 2c (not to be construed as legal advice) without seeing your post.

    It seems that your contact information is public info. Therefore if they put 2 and 2 together using public available info and you did not deny being the party in question, then their methods seem to be above board. This assumes they contacted you using the public phone number.

    Without seeing the post i cant comment on whether or not you were libellous or not. Im not too familiar with your posts in general but if you have a connection to woodentoys.ie id imagine you dont post dodgy comments so as woodentoys.ie arent affiliated with your personal views.

    If in doubt, seek legal advice though. You can get free legal advice in ireland but i dont have the link. They operate out of certain locations during the week. Im sure google will turn it up.


  • Registered Users, Registered Users 2 Posts: 1,262 ✭✭✭di11on


    humanji wrote: »
    Well from the implied "negative consequence", then they're threatening and not just chancing their arm. Call them up and ask to speak to a manager.

    The expression "this comes from high up" was used. And by that I understand it was the manager's decision to call me.


  • Subscribers Posts: 19,425 ✭✭✭✭Oryx


    I dont consider the call invading your privacy unless they contacted you on a number that is exdirectory. Anyone can call me, its my choice to take the call, or hang up if I feel the need, you know?

    If your info is in your sig, they cant be blamed for deducing who you are.

    If their request concerned a comment made today, I would advise the mods and otherwise ignore it. Seems to me you were just expressing your opinion.


  • Registered Users, Registered Users 2 Posts: 1,262 ✭✭✭di11on


    faceman wrote: »
    I understand, no probs.

    heres my 2c (not to be construed as legal advice) without seeing your post.

    It seems that your contact information is public info. Therefore if they put 2 and 2 together using public available info and you did not deny being the party in question, then their methods seem to be above board. This assumes they contacted you using the public phone number.

    Without seeing the post i cant comment on whether or not you were libellous or not. Im not too familiar with your posts in general but if you have a connection to woodentoys.ie id imagine you dont post dodgy comments so as woodentoys.ie arent affiliated with your personal views.

    If in doubt, seek legal advice though. You can get free legal advice in ireland but i dont have the link. They operate out of certain locations during the week. Im sure google will turn it up.

    Thanks Faceman - that's a good view of the situation. Cheers.


  • Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,809 Mod ✭✭✭✭Kimbot


    f its the post I am thing of mate I really think there should be no problem with it! Remember we are all entitled to our opinions.


  • Closed Accounts Posts: 15,914 ✭✭✭✭tbh


    rkm wrote: »
    I would have a problem with it, I hate unsolicited calls.


    .

    I just meant if it's regarding a post he made today, I can't see a problem with that post. I'd be mega pissed if someone called me.


  • Registered Users, Registered Users 2 Posts: 1,262 ✭✭✭di11on


    tbh wrote: »
    I just meant if it's regarding a post he made today, I can't see a problem with that post. I'd be mega pissed if someone called me.

    If the post you are thinking of is the post I'm thinking you're thinking of, I edited it slightly to be 100% sure myself that it wasn't defammatory :-)


  • Registered Users, Registered Users 2 Posts: 17,727 ✭✭✭✭Sherifu


    tbh wrote: »
    I just meant if it's regarding a post he made today, I can't see a problem with that post. I'd be mega pissed if someone called me.
    Aha, took you up wrong then.


  • Closed Accounts Posts: 15,552 ✭✭✭✭GuanYin


    Asok invaded my privacy once.

    I quite enjoyed it.


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  • Registered Users, Registered Users 2 Posts: 21,676 ✭✭✭✭smashey


    Asok invaded my privacy once.

    I quite enjoyed it.
    He changed your name a well. :D


  • Closed Accounts Posts: 15,552 ✭✭✭✭GuanYin


    smashey wrote: »
    He changed your name a well. :D

    That wasn't Asok.

    What can I say? I'm a slut :p


  • Closed Accounts Posts: 12,807 ✭✭✭✭Orion


    Well you've edited the post so I can't make a comment on the defamation question. But I certainly think it's very unprofessional for them to call you directly about it. If it was me I'd currently be transferring my hosting to another company before posting on this forum.


  • Moderators, Social & Fun Moderators Posts: 28,633 Mod ✭✭✭✭Shiminay


    You shoulda told them to go fuck themselves in fairness - that's completely out of order no matter what was said.


  • Registered Users, Registered Users 2 Posts: 10,523 ✭✭✭✭Nerin


    personally i'd just find it creepy they went to the effort.
    but then i'd laugh.
    directly at them


  • Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭Sully


    After looking over the assumed post, I don't think what you said is wrong. If I was the company owner, I would like to contact you to hear about your feedback and act upon it. However, I suppose the company didn't like negative feedback and wanted you to withdraw it - fearing it would affect their business (and the post would probably appear on Google to).

    Its not an invasion of privacy. Your contact details are public on your business website, and your Boards.ie username connects to you to the business website.

    I don't think they can do anything about it, but don't quote me on that. In my opinion, they should take your feedback and try to act upon it and address the problem you (and I assume others) are experiencing. Boards.ie can not be held responsible, and should not get invovled. Its really got nothing to do with them. Its a public site, your details are public.

    Btw: I think this is really the wrong forum for such a question!

    Good luck!


  • Subscribers Posts: 9,716 ✭✭✭CuLT


    I really, really hope the company in question gets their entire IP range banned from accessing boards.ie unless they apologize for this blatant intimidation.


  • Registered Users, Registered Users 2 Posts: 19,976 ✭✭✭✭humanji


    Should we call Anonymous? Or maybe Batman?


  • Closed Accounts Posts: 14,277 ✭✭✭✭Rb


    CuLT wrote: »
    I really, really hope the company in question gets their entire IP range banned from accessing boards.ie unless they apologize for this blatant intimidation.
    Agreed.

    Name and shame and get the admins involved.

    If your post contained the truth and you could prove it, then it's not defamation. If such a thing had happened me I'd have told them to f*ck off and no longer avail of their service. Says a lot about a company that instead of taking negative feedback as something that highlights a problem that could be fixed to improve service, they actively track down the person in question and have the gall to call them with threats. Again, name and shame!


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  • Registered Users, Registered Users 2 Posts: 1,262 ✭✭✭di11on


    For all your information, the company I refer to in this thread is letshost.ie.

    They have suspended my website because of the post in question:

    http://www.boards.ie/vbulletin/showthread.php?p=55022100#post55022100

    See for yourself:

    www.woodentoys.ie

    Surely this is against the law - suspending my website, on which my business depends, because I posted my opinion of their services. This is an absolute outrage. They suspended my site while I was in the middle of downloading a backup of the site.


  • Registered Users, Registered Users 2 Posts: 20,099 ✭✭✭✭WhiteWashMan


    Id check out the terms and conditions of your contract with them, however, im not sure that they can withdraw a service based on a comment they dont like, and are probably open to some sort of breach of contract litigation.

    Personally, i think its outrageous that some a company would do that instead of looking at why people are unhappy with their service. Burying your head inthe sand and pretending that the problems are not there are a perfect way for your business to fall apart. I think some serious rethinking needs to go on here by these cowboys, otherwise they may well find that a lot of people start pulling away from their service.


  • Registered Users, Registered Users 2 Posts: 20,099 ✭✭✭✭WhiteWashMan


    by the way, id also start up a thread in the consummer issues forum stating only the facts.


  • Registered Users, Registered Users 2 Posts: 4,963 ✭✭✭Vexorg


    Regarding invasion of privacy, if your contact details are publically available there can be no invasion of privacy.

    As the original post has been edited there is no way to make a call on if it was fair comment.

    If they did try to intimade the OP it was very poor show and not the finest example of how to deal with a customer dissatisfaction that I have come accross.

    Without seeing the original post, how can you determine if the request to remove the post was fair or not?. If Di11on can pm me the contents of the original post, we can make a call what action we will take.


  • Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,809 Mod ✭✭✭✭Kimbot


    I have to say if they pulled your site for that comment then that is a disgrace.
    I have used them before and thought they were good to deal with but I was only building a forum that since I have left in someone elses hands.


  • Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,809 Mod ✭✭✭✭Kimbot


    Vexorg wrote: »
    Regarding invasion of privacy, if your contact details are publically available there can be no invasion of privacy.

    As the original post has been edited there is no way to make a call on if it was fair comment.

    If they did try to intimade the OP it was very poor show and not the finest example of how to deal with a customer dissatisfaction that I have come accross.

    Without seeing the original post, how can you determine if the request to remove the post was fair or not?. If Di11on can pm me the contents of the original post, we can make a call what action we will take.

    Vex, i saw the post before it was edited and I thought it was grand.


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  • Registered Users, Registered Users 2 Posts: 4,963 ✭✭✭Vexorg


    Di11on

    If they have withdrawn a service you have paid for:eek:, as WWMan said a post on Consumer issues would be a good idea and stick to the facts.

    Letshost have an account here on boards.ie, perhaps they will take part in the discussion.



    Vex.


  • Registered Users, Registered Users 2 Posts: 1,262 ✭✭✭di11on


    jonny24ie wrote: »
    Vex, i saw the post before it was edited and I thought it was grand.

    The irony of it is - they phoned me to ask me to remove it or edit it. No consequences were mentioned or threatened. I edited it, but they suspended my account anyway, without notice.


  • Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,809 Mod ✭✭✭✭Kimbot


    di11on wrote: »
    The irony of it is - they phoned me to ask me to remove it or edit it. No consequences were mentioned or threatened. I edited it, but they suspended my account anyway, without notice.

    As said above, post up a thread in the consumer issues forum and see what comes out of it. If they pulled your hosting I would advise seeking professional advice on the matter.


  • Registered Users, Registered Users 2 Posts: 1,262 ✭✭✭di11on


    Will do Johnny - thanks.

    It's very distressing - having the rug pulled out from under your business. You feel so vunerable and helpless.


  • Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,809 Mod ✭✭✭✭Kimbot


    di11on wrote: »
    Will do Johnny - thanks.

    It's very distressing - having the rug pulled out from under your business. You feel so vunerable and helpless.


    Its bad form alright. I was going to get a hosting package off them in the near future and this has put me right off.


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  • Registered Users, Registered Users 2 Posts: 4,963 ✭✭✭Vexorg


    di11on

    If your site has been suspened, perhaps you should also switch off your google adwords, clicks going to a suspended site will just be wasting your hard earned cash.

    V


  • Registered Users, Registered Users 2 Posts: 4,963 ✭✭✭Vexorg


    Well the letshost account was looking at this thread at 22:31 so cant really claim not to be aware that the site has been suspended. Perhaps they will fix the problem now :)


  • Registered Users, Registered Users 2 Posts: 29,509 ✭✭✭✭randylonghorn


    Tbh, I doubt if too many people would have seen the OP's post, or even remembered it 10 minutes later if they had.

    However, I suspect a lot of people would be unimpressed with their initial reaction, and even more so by the escalation of the issue, and it will stick in peoples heads a hell of a lot longer as a result ...

    If shooting yourself in the foot was an Olympic sport, they would be odds on for a medal ... :rolleyes:


  • Registered Users, Registered Users 2 Posts: 1,262 ✭✭✭di11on


    Could someone, for the record, please check my site (www.woodentoys.ie) and verify that there is a message saying that my hosting has been suspended.

    Many thanks in advance,

    Jody


  • Moderators, Education Moderators, Technology & Internet Moderators Posts: 35,125 Mod ✭✭✭✭AlmightyCushion


    di11on wrote: »
    Could someone, for the record, please check my site (www.woodentoys.ie) and verify that there is a message saying that my hosting has been suspended.

    Many thanks in advance,

    Jody

    I tried it a few times. The first time (when you posted that they suspended your account) I got that message. Ever since though it keeps timing out for me.

    Their actions will do a lot worse for a company than one person saying that the service is slow from time to time.


  • Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,809 Mod ✭✭✭✭Kimbot


    I'm only getting time outs aswell.


  • Closed Accounts Posts: 2,161 ✭✭✭steve-hosting36


    It's timing out - they appear to have set your DNS A record to 1.1.1.1 - which of course doesnt exist.


  • Hosted Moderators Posts: 5,555 ✭✭✭tSubh Dearg


    I'm getting the account suspended notice.


  • Registered Users, Registered Users 2 Posts: 35,524 ✭✭✭✭Gordon


    Streisand effect. If this company can clear stuff up it would really help their future business. The negative effect they are generating is just going to build up.


  • Moderators, Recreation & Hobbies Moderators Posts: 10,440 Mod ✭✭✭✭Mr Magnolia


    ^^What Gordon said^^

    I don't know what the original post contained but surely the negative publicity that could be generated would be best avoided for all concerned?

    Hope you get this sorted di11on.


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