ISP & Data Protection Act

  ened 17:27 01 May 07
Locked

When your ISP gives/sells your email address to third parties against your express wishes are they in breach of the Data Protection Act?

This is exactly what my ISP has done and I am becoming inundated with SPAM, which all have one thing in common: at the bottom they all say where they obtained my address.

  Forum Editor 17:31 01 May 07

provided you didn't inadvertantly agree to it when signing up initially.

Maybe it would be an idea to make absolutely sure about that before we go any further?

  ened 17:40 01 May 07

I am absolutely certain.

Ever since I started using the internet I have never been troubled by Spam because only a very select few had the address I use with Outlook Express.

For registrations etc I always use either a Hotmail or Yahoo account.

The ISP in question have two boxes to answer: one is asking if they can send me mails about anything which might interest me concerning their own organisation and the second asks about Third parties.

I have definitely answered yes to the first and NO to the second.

  Kate B 21:17 01 May 07

Spam can be the result of your email details being sold on, but it can be the result of all sorts of other things, too, including a spammer randomly generating names@domain name email addresses - and email databases can be stolen, too. Chances are your ISP hasn't done anything wrong.

  ened 12:35 02 May 07

Actually the mails I am getting are informing me they obtained my details from the ISP.

This was on the bottom of one of the ones I received yesterday:

"This email is sent to you by emailinform working in partnership with *******, who collected your email address with your agreement to receive relevant email offers. Click here About Us for more information about emailinform and our privacy policy."

I won't name the ISP at this stage because I am trying to give them the chance to tell me what went wrong.

I suspect I will end up needing a new address in order to stop this.

  spuds 13:04 02 May 07

Looking at the information provided, it would appear that you have given permission.

I do not know if the ruling as changed now regarding the ticking of boxes, but at one time, many people assumed that leaving the box unticked gave confirmation that they didn't want to participate. To their error, they were inundated with junk responses.Pays to double check and be sure.

Talking about being sure, I will have to check if my Preference telephone and fax instructions are still in force. Just had telephone a cold call from Kylie (who?) :O)

  Kate B 13:33 02 May 07

I'm afraid you've probably either ticked or left unticked a box somewhere along the line. The ISPs are good about this kind of thing: they have to be.

  ened 13:39 02 May 07

The first thing I did when I realised my ISP was the source of the unsolicited mail was to go to the 'My Account' area of their site and double check.

I had not given permission; even inadvertently.

What has just cheesed me off is that they have been sending me denials, then I sent the evidence of a couple of emails which mentioned their name. Now I have just received a message stating they are no longer able to deal with my 'issue' and I should call 'Customer Services'!!

That particular department with this company is via an 0870No. and situated in India.

  spuds 13:49 02 May 07

Hi ened

Sounds like passing the buck, as per usual nowadays.

I would consider obtaining further advice from either one or all Ofcom click here Otelo click here ISPA click here who may offer help, or direct you to the appropriate establishment.

  carolineann 14:12 02 May 07

with emailinform

"I do say may ened" ;)

click here

Use of your data
The information you provide may be used by emailinform and its clients to provide you with offers and information by post,email, telephone or mobile phone. Where possible, these offers and promotions will match the areas of interest you have indicated during registration. If you would prefer not to receive such offers, please visit our unsubscribe page at click here and select the relevant option. Or alternatively visit click here and click on the 'unsubscribe' link.

Provision of your data to third parties
To protect your privacy regarding the use of your data we work with reputable delivery companies to send these offers and prize draws to you. Emailinform ensure that all delivery companies we use comply with the Data Protection Act 1988.

Unsubscribing from emailinform
You can unsubscribe from further emails via a link in any of the emails you receive from us. You can also unsubscribe from the service at any time by visiting click here or by sending an email to UKConsumerServices@Acxiom.com , with the subject line "Unsubscribe", or by writing to:

Jane Stevens
Consumer Services Department
Acxiom Limited
Park House, Station Road
Teddington
Middlesex, TW11 9AD
or by ringing 020 8213 5749 ( UK office hours only).

  ened 17:29 20 Jun 07

I have been in communication with higher levels of Customer Services at Tiscali on another issue which they have resolved to the extent that I am now a satisfied consumer.

However this spam problem was continuing and I was just getting standard denials and pre-prepared answers from the normal channels.

So I contacted the same people and within a day I was contacted by emailinform who have removed my name.

Interestingly they also said they could prove I gave my permission and even quoted to me the relevant Acts of Parliament they would be in contravention of if I hadn't (given my permission).

Quite understandably I requested that they show me this evidence.

Now I am regularly getting emails from them asking me to be patient as they are 'investigating'; 'in discussions' and most recently 'consulting Tiscali'.

As I am pretty sure I did not 'tick the box' I shall be interested to see what they come up with.

This thread is now locked and can not be replied to.

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