Data Protection Act query: Is this BS or what?

Snickers Man

We use Smart Telecom for broadband and voice calls. Last night our phone went dead. We figured it was the line because we use three wireless handsets off the one line and the intercom feature, which allows us to call one handset from another inside the house still works fine but we can't dial out and although the phone rings if somebody calls in, all we hear is very loud white noise.

Broadband, which is supplied via the same line, still works but it's not very broad, if you get my drift.

So I call Smart Tech Support. After holding for 10 minutes I get through to somebody who asks for our account details, which he is given, and then when he hears the problem says that it's probably the fault of the wireless handsets. He can't do anything until WE find an old hard-wired telephone handset and plug it into the line to test it.

We don't have an old hardwired telephone handset. We haven't had one for about five years.

Not his problem. But hey, the call centre is open until 8pm so if we locate one before then we should be able to sort it out today.

So I find a kindly neighbour who dusts down an old handset from his attic and I plug it in. Same problem. No dial tone for outside lines, just a faint hissing sound. Call it from a mobile and it rings but when we pick it up, the white noise hiss is deafening.

Ring Smart Telecom back. After holding for 15 minutes this time, they ask for account details. When they hear that the account is in my wife's name they say that under the data protection act, they can only talk to her as she is the subscriber. Not allowed to talk to me!!!

I say that's nonsense. My wife has taken our little darling to her Christmas play rehearshal. They won't be back before 8pm. Can't he just process the complaint?

The grunt says it's what his boss just told him to say and he'll lose his job if he tells me any more. I say can I speak to his boss please. He says she's not available right now!!

Is this complete and utter fob-off crap? Does anybody know? I can well believe it's what the lowly grunt was told to say but is it true that only the subscriber, and not any other person in the household can report faults on lines?

Or is it our own bloody fault for going with Smart Telecom in the first place? :mad:

XJR

Daft as it seems at first glance I think that they probably are on solid ground - suppose you rang about your wife's mobile phone, credit card etc

The solution to this is to have it in joint names though this is not always possible

Phototoxin

Data protection is a bit mad... its illegal to even give out someones mobile phone number without explicit consent

Used to work in a CC for Bord Gais and they are very strict that you can only talk to the account holder or someone who the account holder has chosen (marked on the account)

even your the account holders husband/wife/brother/granny.


Its in the act.

Ciaran500

Phototoxin wrote: »

Data protection is a bit mad... its illegal to even give out someones mobile phone number without explicit consent

Exactly how it should be.

drunkmonkey

This Data Protection is Daft in some cirumstances like this one....Why in Gods name would you be calling to fix a phone line that dosen't belong to you or a relative....There's data protection then there's just being dopes...

jhegarty

They are 100% correct, and would have been in breach of the law if they did anything different.

If you think it's silly complain to your td, not the operator in smart.

jor el

drunkmonkey wrote: »

This Data Protection is Daft in some cirumstances like this one....Why in Gods name would you be calling to fix a phone line that dosen't belong to you or a relative....There's data protection then there's just being dopes...

If there were loopholes to allow for simple things like that, then the possibility that they could be exploited for fraudulent purposes exists too. The law is very strict, with good reason. No personal information can be discussed, or given out, without the express permission of the account holder.

dub45

The real problem is when you want to cancel an account belong to someone who has died! I remember a while ago when NTL were under the cosh on the joe duffy show someone telling of their futile attempts to cancel the account of a deceased relative with NTL. 'Only the account holder and do that Sir!''

Speaking of which I recently had to contact UPC about a tv problem and unless I submitted either an account no or a phone number to the 'answering machine' I could not get through to a csr. Are UPC within their rights in insisting that a phone number be given for each account with them?

dub45

dub45 wrote: »

The real problem is when you want to cancel an account belong to someone who has died! I remember a while ago when NTL were under the cosh on the joe duffy show someone telling of their futile attempts to cancel the account of a deceased relative with NTL. 'Only the account holder and do that Sir!''

Speaking of which I recently had to contact UPC about a tv problem and unless I submitted either an account no or a phone number to the 'answering machine' I could not get through to a csr. Are UPC within their rights in insisting that a phone number be given for each account with them?

Happened many a time, someone would ring up and id say "Can i confirm with the account holder you are permitted to speak on there behalf"


And the person would say you cant there Dead!





Whoops!

crawler

the guys in the call centre are correct - sorry - but it is the law.....

Sometimes it can really come across very badly but the legals are very clear

www.dataprotection.ie

Sponge Bob

I often have to get my mother to ring call centres with caller ID on in may cases and then pass over to me so that the agent knows I have full authority to speak on her behalf .

It is the law, yes.

Snickers Man

jhegarty wrote: »

They are 100% correct, and would have been in breach of the law if they did anything different.

If you think it's silly complain to your td, not the operator in smart.

I accept there's a need for privacy and personal data protection, but I fail to see how reporting a fault invades my or my wife's privacy. Nor do I see how it could incur her any cost if I were a malicious caller intending to defraud her.

If you smelt gas in your house and rang Bord Gais to report it, would they refuse to believe you and ignore it if the account was in the name, say of a housemate who was on holiday for a few weeks? Of course not. But surely the Data Protection Act doesn't discriminate between one utility and another.

The upshot is we are without a phone for the weekend now, and that's three days line rental we have no intention now of paying for as opposed to the one that would have been the case if they had dealt with the problem properly.


Shooting themselves in the foot with this ridiculous interpretation.

lucernarian

I've had the same problems myself. What I do find ridiculous is that a letter or email (emailing call centres is basically a waste of time by all accounts) has to be sent to them to put the extra name on the account!! If the account holder instructs them to do this over the phone, that should be good enough. But it's not. I'd like to see the law specifying that...


I think other legislation takes over when it comes to the smell of gas, as it's a health and safety issue. Fallen cables and the like would be similarly handled, even if for blocking a public road but that only applies to to the actual providers (eircom, ESB, bord gais and UPC. Possibly comreg for masts)

The problems for the providers include not being able to get staff to give legal interpretations on what counts as an illegal access of personal data, as well as probably some legal ambiguity on where to draw the line anyway. I'm unaware of any court cases which dealt with these issues.


I've wondered this before, what does someone have to do to get a deceased relative's or friend's bills and accounts cancelled? Those posters who mentioned this issue, how did ye get it resolved??

MunsterCycling

Smart are completely correct in their dealings with you, just get you wife to add you to the account as an authorised agent (AA), you will get the rental charges credited to your next bill, just make sure you ask for it when your wife adds you as an AA to the account. You have chosen wisely with Smart, at least they sync your modem at a higher speed to account for protocol overhead so you get the full speed available to you (providing your line can handle it, not their problem as €ircon own the copper). Also try the support forums on the Samrt website, while you may still be without a phoneline for the weekend they will raise the issue internally.

Ruby or EJay are the people to ask

http://support.smarttelecom.ie/forums/forumdisplay.php?f=10


MC

MunsterCycling

To_be_confirmed wrote: »

I've wondered this before, what does someone have to do to get a deceased relative's or friend's bills and accounts cancelled? Those posters who mentioned this issue, how did ye get it resolved??

Prob submit a copy of the death certificate, hard at a difficult time but...