Any advice? Google lists my home address as a business address.

Millions Of Daisies

Hey guys, I've been redirected to this forum to ask for some advice. Any advice on how to fix this problem would be much appreciated! My private home address information is being used all over the internet by a dodgy guy who used to rent here. Even Google lists it as his business address.

The Situation:
We bought our house 4 years ago. Before we bought it, it was rented by a questionable character who used our house (illegally) as his business address for a dodgy transport company. He listed it on Google Maps/Places and on his Google+ account. He is now long gone (can't be contacted as he may have left the country) and he owes a lot of money. I know this because I still get a substantial amount of post for him from debt collection agencies. We've also had several police cars call to our house looking for him. It's a safe bet to guess that they found the address on Google because of the business listing (that's some swell detective work fellas). I happen to know he's actively giving our home address out to people that he doesn't want to pay, including angry ex-employees who have called here looking for him. I've found evidence online that he's been using our address to get transport licences, even in 2013! Is this fraud? I'm worried that someday he will cross the wrong person and we'll arrive home to broken windows or worse.

What I've done so far:
- I contacted the Gardaí. They said that there was nothing they could do to help.
- I contacted Google (via their Google listings) to report that this is a privately owned residential home, not a business address so this shouldn't be listed on Google Places/Maps in the first place. I reported his fraud Google+ address.
- I contacted several online websites who are listing my home address as his business address and asked them to remove the entries.
- I contacted Google to ask for verification card with a PIN to be sent to my address so I can change the business listing and remove it.
- I contacted An Post to redirect/stop the mail coming to our address. They said this wasn't possible.

What's happened:
- Google have updated Google Maps/Places to say '(his name)' Closed. This is not ideal.
- I have the verification PIN from Google, but it won't let me remove the entry or change the business name (i.e. his name) which is now associated with our address.

Does anyone know how I can get the Google business listing removed entirely?

Does anyone have a proper phone number for Google so I can actually get speaking to someone?

Should I resort to posting Google a letter?

It's been over 4 years, so you can understand my frustration trying to get this sorted. I need your help!

Pat Mustard

You've reported this to Google and the response has been underwhelming.

I would complain to the Data Protection Commissioner and let his office deal with Google.

Millions Of Daisies

I called the Data Commissioner's office and they said that they'd take a look. Sent them an email just to outline the issue. I'll post on the forum when they come back to me with a reply, just in case anyone else has the same issue and wants to know how to get it sorted.

Victor

Millions Of Daisies wrote: »

I still get a substantial amount of post for him from debt collection agencies.

Make sure you make all of these "Not at this address. Return to Sender." and put them back in the post.

Talk to the Department of Transport and RSA to flag that your address is being used fraudulently.

Road Transport Operator Licensing Unit
Department of Transport, Tourism and Sport
Clonfert House,
Bride Street,
Loughrea,
Co. Galway

Driver and Vehicle Computer Services Division,
Department of Transport,Tourism and Sport,
Shannon Town Centre,
Shannon,
Co. Clare.

Road Safety Authority
Moy Valley Business Park
Primrose Hill
Ballina
Co. Mayo

Millions Of Daisies

A quick update from the Data Protection Office:
'The issue you have raised does not appear to give rise to a data protection issue. An address only of a property does not constitute personal data as the name of the resident needs to be associated with that address to be considered personal data. Your name is not associated with that address on Google. Google appear to have updated the entry to state that the business is not longer operational from that address, we cannot require that they remove the address completely.'

So anyone who goes looking for the dodgy guy who used to rent here will now find our home address on Google Maps because it's still associated with HIS name and there's nothing I can do about it. He's also set up a Google+ account which links his name to our address. Thanks a lot Google.

What does this mean for home-owners?:
I take it to mean that ANYONE can set-up a business address on Google as long as they're able to collect the verification card from that address. Having a verified Google business address could give that business more credibility online, even if they don't exist. Their name will remain forever associated with that address online. Even if they move away, their name/business name will still appear above the address with a simple 'Closed' beside it. It is currently not possible to report it to Google so that it can be removed entirely, even if the home-owner can verify that the business does not exist at the address. Scary. Google need to review their processes here or we could see more and more of this happening in the future.

So where do I go from here?
The Gardaí can't help. The Data Protection Office can't help. There is no phone number for Google HQ that will get you speaking with someone. There is no reply when I 'report' to Google online. I've decided to write a letter to Google HQ asking them to remove the incorrect business address that's associated with my home address. If I don't hear back from them within the next 2 weeks, I'll visit them in person. So much hassle! I'll let you guys know what happens.

(I'd also like to point out that it seems like madness to have to resort to writing a physical letter to Google - the internet mega-giant!)

GerardKeating

Millions Of Daisies wrote: »

I called the Data Commissioner's office and they said that they'd take a look. Sent them an email just to outline the issue. I'll post on the forum when they come back to me with a reply, just in case anyone else has the same issue and wants to know how to get it sorted.

But it is a fact that the business used to be conducted at that address, just because the business has moved on does not change this fact.

sopretty

Surely it must be illegal under some sort of company registration legislation? It sounds like a nightmare.

Not much point sending him a summons to court though lol, as you'd only be sending the summons to yourself!

Millions Of Daisies

GerardKeating wrote: »

But it is a fact that the business used to be conducted at that address, just because the business has moved on does not change this fact.

The house used to be rented. For about 3 years, he was living here with his family. Under the terms of his residential rental agreement, he wouldn't have been allowed to run a business at this address. In my own experience renting, I would have said that's pretty much a given in any residential rental agreement contract. This didn't stop him from registering the address as his Google business address though. Also, he hasn't lived here for nearly 5 years...but it looks like his name will be forever associated with a closed business premises at my home address, which never legally should have been allowed to exist in the first place.

All of this wouldn't matter so much, except that he was a dodgy guy. He owes money everywhere. When people search his name online, they are directed to my home address. I've had lots of callers for him, including debt collectors, the police, the Dublin Sheriff, ex-employees and even some current business associates. At one point I had to put a sign on the door to let people know he doesn't live here.

Pat Mustard

Millions Of Daisies wrote: »

'An address only of a property does not constitute personal data as the name of the resident needs to be associated with that address to be considered personal data...'

Perhaps the question could be framed a little differently.

The definition in the amended legislation is:

'personal data’ means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller

But the DPC refers to Opinion 4/2007 of EU Article 29 Working Party, which looks at the definition in depth. Look at this example:

Example No. 5: the value of a house
The value of a particular house is information about an object. Data protection rules will clearly not apply when this information will be used solely to illustrate the level of real estate prices in a certain district. However, under certain circumstances such information should also be considered as personal data. Indeed, the house is the asset of an owner, which will hence be used to determine the extent of this person’s obligation to pay some taxes, for instance. In this context, it will be indisputable that such information should be considered as personal data.

Another issue could be whether the house owner is identifiable by such information. The DPC claims that the house owner is not identifiable by information held by the Data Controller.

However, look at this exerpt from Opinion 4/2007:

As regards "indirectly" identified or identifiable persons, this category typically relates to the phenomenon of "unique combinations", whether small or large in size. In cases where prima facie the extent of the identifiers available does not allow anyone to single out a particular person, that person might still be “identifiable” because that information combined with other pieces of information (whether the latter is retained by the data controller or not) will allow the individual to be distinguished from others.

So if we are to take that on board, then a listing by a Data Controller combined with other information not held by the Data Controller, could still amount to personal data. By that reasoning, perhaps it could be argued that if a google listing of an address together with a Land Registry search against that address could disclose a person's details (name, address, identity), then the listing amounts to personal data?

Further, it appears that the former tenant has listed his business as being at the OP's house. This appears to be the main problem. In light of the above, could the tenant's listing on his Google+ account be considered to amount to the personal data of the OP, which should allow the right of rectification/erasure under s.6 of the Data Protection Act?

I'm not saying that this line of argument is likely to succeed, OP. What I'm saying is that perhaps if you framed your complaint a little differently in light of the above, perhaps it may be possible that the matter could be reconsidered.

ardmacha

This appears to be the main problem. In light of the above, could the tenant's listing on his Google+ account be considered to amount to the personal data of the OP, which should allow the right of rectification/erasure under s.6 of the Data Protection Act?

The OP has a right to have accurate data stored, and amend any errors, this could be argued to include his house.

Millions Of Daisies

When I spoke with the Data Protection Office, I got the impression that they aren't altogether confident about asking Google for changes. It's almost like Google are a law onto themselves. I just want to put a stop to this dodgy guy using my address online, which should be easy. I think I'll try Google directly. If that's unsuccessful, I'll get back on to the Data Protection Office. Thanks a million for your input. I know it'll come in handy if I end up having to argue my case.

GerardKeating

ardmacha wrote: »

The OP has a right to have accurate data stored, and amend any errors, this could be argued to include his house.

but the "data" is accurate, a "closed" business used to be at that location/address..