Giving Out A Mobile Phone Number

wispyman

Hi there

Am curious to know the answer to this. On a public forum someone asked about a meetup type event asking for info. I replied (without the organisers knowledge) giving her name and mobile number so the OP would be able to contact her.

Is this illegal? My wife is having a heart attack about the fact I put this persons mobile number on a public forum. Just curious to know what the legal aspect of this really is. I only did it with the best of intentions to help out the OP.

Thanks

Tom Young

Take it down if you don't have permission to publish it.

wispyman

Tom Young wrote: »

Take it down if you don't have permission to publish it.

Hi. Thanks for replying. However can you tell me what legal issues (if any) this creates? The person whose number I gave has not asked me to take it down - obviously they probably are not aware that I have done it. What laws have I broken??

Thanks again

dahamsta

If you think it's ok, post your mobile number here.

MadsL

This might be useful in future

http://www.psfk.com/2012/08/iphone-app-disposable-phone-numbers.html

Tom Young

wispyman wrote: »

Hi. Thanks for replying. However can you tell me what legal issues (if any) this creates? The person whose number I gave has not asked me to take it down - obviously they probably are not aware that I have done it. What laws have I broken??

Thanks again

Mobile telephone numbers in Ireland are opt-in (For publication purposes).

"Probably" aware is not the same as actually aware and consented to publication.

The laws you may have broken:~

Civil law:

1. Data Protection Acts 1988 (as amended);
2. European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations (S.I. No. 336 of 2011) (revoking S.I. No. 535 of 2003 and S.I. No. 526 of 2008);
3. European Communities (Electronic Communication Networks and Services) (Universal Service and Users' Rights) Regulations 2011 (S.I. No. 337 of 2011)
(revoking S.I. No. 308 of 2003 and S.I. No. 374 of 2007);
4. Tort of breach of privacy;
5. Tort of breach of confidence;
6. Tort of deceit;
7. Tort of malicious falsehood;
8. Potentially, insofar as stateable, the Constitutional and unenumerated right to privacy per Article 40.3.1;
9. Linked to 8, Article 8 of the European Convention on Human Rights and it's associated rights in per the European Convention on Human Rights Act 2003. This must be balanced with current jurisprudence in light of the Super Court decisions in McD v L and Carmody.

Criminal Vocabulary:

Criminal Damage:

Under the criminal law Data is defined under S.1 of the Criminal Damage Act 1991 and the misuse of same arises under S.2 of that Act.

Criminal Justice (Theft and Fraud Offences) Act 2001:

Unlawful use of computer.

9.—(1) A person who dishonestly, whether within or outside the State, operates or causes to be operated a computer within the State with the intention of making a gain for himself or herself or another, or of causing loss to another, is guilty of an offence.

(2) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.

******

I don't read the previous posts as trolling.

Take the number down - unless you'd express permission to publish it. Your wife or partner is correct.

Tom

wispyman

Thanks for the detailed reply - much appreciated.

Previous post most definitely trolling - surprised you don't see that....

Definition of troll from Wikipedia:

"In Internet slang, a troll is someone who posts inflammatory, extraneous, or off-topic messages in an online community, such as a forum, chat room, or blog, with the primary intent of provoking readers into an emotional response"

The post "If you think it's ok, post your mobile number here." adds nothing to this thread and is purely there to provoke an emotional response - i.e. trolling.

dahamsta

Actually it was a challenge. You seem to think it's ok to post someone else's phone number online, in which case you shouldn't have a problem posting your own. There's no legal issue with posting your own number.

Since you seem to have missed the point, I'll spell it out for you: I'm pretty sure you don't want your number posted online, so why do you think it's ok to post someone else's?

Sure, it didn't answer your legal question - there are others better qualified than me to answer that - but it's still an important point to make.

Whatever about the legality of it, it's a thoughtless thing to do, or just plain not nice depending on your actual level of awareness.

Pat Mustard

wispyman wrote: »

The post "If you think it's ok, post your mobile number here." adds nothing to this thread and is purely there to provoke an emotional response - i.e. trolling.

This being a legal discussion, if you leave emotion out of it, I think that he has made a valid and interesting point. Maybe it's the kind of point which might be interesting to a judge, if injury or damage arises out of your actions.

But I wouldn't have liked to be presented with the ugly truth myself, so your reaction is understandable.

wispyman

dahamsta wrote: »

Actually it was a challenge. You seem to think it's ok to post someone else's phone number online, in which case you shouldn't have a problem posting your own. There's no legal issue with posting your own number.

Since you seem to have missed the point, I'll spell it out for you: I'm pretty sure you don't want your number posted online, so why do you think it's ok to post someone else's?

Sure, it didn't answer your legal question - there are others better qualified than me to answer that - but it's still an important point to make.

Whatever about the legality of it, it's a thoughtless thing to do, or just plain not nice depending on your actual level of awareness.

Actually my number is posted online in MANY places. However by asking me to post it here you were basically leaving me open to calls in the middle of the night from god knows who - because it is obvious that would be the response. While you did not incite anyone to do that it is plainly obvious that would be the result. I would not post someone else's number randomly without context - in the same way I would not post mine. However I was asking a legal question here and not a moral one - this is after all the legal forum!!! Moral debate does not really have much place here in my opinion.

littleredspot

The legality of it is one thing but it's definitely very bad form.

It's well known that it's a bad idea to publish contact details in public forums which is why people spell out "dot" etc. But to publish someone else's number on-line, without their permission first, would imo be the height of bad manners. If I was the owner of the number I'd be seriously unimpressed.

wispyman

littleredspot wrote: »

The legality of it is one thing but it's definitely very bad form.

It's well known that it's a bad idea to publish contact details in public forums which is why people spell out "dot" etc. But to publish someone else's number on-line, without their permission first, would imo be the height of bad manners. If I was the owner of the number I'd be seriously unimpressed.

That is your opinion. However this is the legal forum - not the moral debate forum!!

However based on the LEGAL ADVICE from here the number is in fact removed.

In my view this thread has two valid posts - my original question and the full reply given by Tom Young. Beyond that the rest of this thread is just hot air and pollutes what should be a good legal reference guide on boards.

littleredspot

That's true, and I don't normally post in this forum so apologies if I'm breaking any guidelines.

It's just that in my mind, when deciding what to do, I would consider not just the legal, but also the moral issues. Also, social etiquette now that I think of it.

You don't seem to be concerned with moral right or wrong, or social etiquette, which is your own business, but it's surely no harm for people to point out their opinions on it?

Either way Tom has pointed out 9 laws you've broken so you've got your answer.