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Plusnet will give your personal details to ACS Law with not informing you!!

foxtrck
Grafter
Posts: 110
Registered: ‎30-06-2010

Re: Plusnet will give your personal details to ACS Law with not informing you!!

Ive just read the spreadsheet Plusnet sent to ACS:Law  and an email from BT LEGALL
Quote Removed
The email is highly ironic as attached to it was the spreadsheet containing up to 400 names unencrypted.
The spreadsheet contains all data, addresses, postcodes etc.. All Downloads were Top 40 Singles UK or Cascada Evacuate the dancefloor.
I fail to see how i am on there as I didnt even live in that property at the time and have never downloaded such [Censored] music.
[Moderator's note by Barry Zubel: Quotation from email removed as per earlier advice in this thread.]


EDIT: Sorry have not read earlier posts. The email in question is available at all good torrent sites Smiley makes for some extremely interesting reading on how BT and PN handle their sensitive business.
jelv
Seasoned Hero
Posts: 26,785
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Re: Plusnet will give your personal details to ACS Law with not informing you!!

foxtrck: I have seen in a number of places confirmation that the spreadsheet was sent to ACS Law by Prakash Mistry of BT's legal department unencrypted.
This is the ICO's attitude to encryption: http://www.ico.gov.uk/news/current_topics/Our_approach_to_encryption.aspx If you read that it is clear that it is an absolute requirement that the data is transmitted encrypted.
You need to read Data Protection – when and how to complain and then take the appropriate action.
[quote=http://www.ico.gov.uk/complaints/data_protection/supporting_evidence.aspx#disclosure]Disclosure of personal information
If your personal information has been disclosed in a way that you did not expect you can complain to us.
If you want us to look at a complaint about a disclosure you will need to send us:
   * a description of when, and how, your information was disclosed;
   * details of who the information was disclosed to (if known);
   * a copy of any evidence of the disclosure (for example if the disclosure was made in correspondence or on the internet please provide a copy of any letters, or screen print from the internet); and
   * a copy of any letters or emails you sent to the organisation about the disclosure.
jelv (a.k.a Spoon Whittler)
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HPsauce
Seasoned Pro
Posts: 7,185
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Registered: ‎02-02-2008

Re: Plusnet will give your personal details to ACS Law with not informing you!!

@foxtrck is also highlighting a 2nd issue for PlusNet:
1. Information sent unencrypted in direct violation of ICO guidance
2. Information was not accurate, at least in his/her situation.
There is a SERIOUS duty to ensure personal data is accurate. In the case of possible legal action one would have thought especially so.
fourfourdevon
Grafter
Posts: 1,101
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Registered: ‎10-09-2010

Re: Plusnet will give your personal details to ACS Law with not informing you!!

A great post from "A law student
bobpullen
Community Gaffer
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Re: Plusnet will give your personal details to ACS Law with not informing you!!

Quote from: foxtrck
I fail to see how i am on there as I didnt even live in that property at the time and have never downloaded such [Censored] music.

You won't necessarily have lived at the address we provided to ACS:Law. We gave them the address which was *current* at the time they requested this data. The data is typically requested months after the alleged infringement took place.

Bob Pullen
Plusnet Product Team
If I've been helpful then please give thanks ⤵

mrmarkus1981
Grafter
Posts: 647
Registered: ‎26-02-2008

Re: Plusnet will give your personal details to ACS Law with not informing you!!

REMOVED by ME!
Tidgy
Grafter
Posts: 80
Registered: ‎09-06-2009

Re: Plusnet will give your personal details to ACS Law with not informing you!!

Quote from: jelv

You need to read Data Protection – when and how to complain and then take the appropriate action.


The ICO state:
Quote
Before you complain to us
First, tell the organisation concerned and give it an opportunity to put things right. Many data protection problems can be solved quickly without us getting involved.  

So it may be worth contacting PN first.
dick:green Excessive spacing removed.
foxtrck
Grafter
Posts: 110
Registered: ‎30-06-2010

Re: Plusnet will give your personal details to ACS Law with not informing you!!

I definately will be complaining and as stated above the data was:
A: Sent unsecurely from BT to ACS:Law from Prakash Mistry, and I am assuming PN sent it this way to BT.
B: Completely wrong as the details held about me were false at the time, let alone that I am actually innocent and now have my name and wrong data in the hands of anyone with a torrent client.
I will be making a complaint to the DPA as i know that BT and ACS have at least breached the act. It is yet to be proven if PN have, but i would assume they most likely have as the support reply i received suggested that the PN legal team raised questions about the legality of what they were doing and the documents I have read in Andrew Crossleys Inbox seem to suggest the same.
To be honest I hope ACS find my real address and send me a letter, so I can counterclaim against them, see which one stands up in court.
I think the world would be watching when the judge reads "You have been accused of downloading Cascada - Evacuate the Dancefloor" How do you plead?
dick:green excessive spacing removed.
foxtrck
Grafter
Posts: 110
Registered: ‎30-06-2010

Re: Plusnet will give your personal details to ACS Law with not informing you!!

And the funniest thing to include in an email subject:
Re: Media C.A.T Limited (Phase 2) -v- Plusnet & Others - Confidential & Strictly Private
Anyone who thinks email in the first instance is confidential and strictly private is a moron anyway. I have sent an email to Prakesh to tell him my thoughts.
Lorenzo48
Grafter
Posts: 179
Registered: ‎19-01-2010

Re: Plusnet will give your personal details to ACS Law with not informing you!!

Quote from: Fletch
ACS:Law had sought and obtained court orders requiring us to disclose to the firm the names and addresses of a number of our customers whom it believed to have engaged in unlawful uploading of copyright material over the internet.
Fletch

http://www.opsi.gov.uk/si/si2009/draft/ukdsi_9780111473894_en_1
If you didn't record you wouldn't have had to share it. See para 10 - why are PN logging data anyway?
And then there is para 6.
AAISP take this view:
Quote
The The Data Retention (EC Directive) Regulations 2009 specifies a duty that we, as an ISP, must log and retain certain communications data. We must then provide that data to a wide variety of people under the RIP Act.
Section 10(1) means that we do not have to start logging data until we are given a notice in writing. We have not been given such a notice.
win2003
Grafter
Posts: 29
Registered: ‎05-08-2007

Re: Plusnet will give your personal details to ACS Law with not informing you!!

Very interesting thread but I am confused  Huh
Why were Plusnet/BT willing to process another batch of IP addresses in August when ACS Law failed to provide them with a report of how many people were sent letters of claim and how many  faced legal proceedings for the previous request in February?
Mand
Grafter
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Re: Plusnet will give your personal details to ACS Law with not informing you!!

Quote from: foxtrck
B: Completely wrong as the details held about me were false at the time, let alone that I am actually innocent and now have my name and wrong data in the hands of anyone with a torrent client.

The data sent to ACS:Law was your address *at the time we sent the data*, according to your ticket history you moved house in June (2010), the alleged infringement occurred last September.
mrmarkus1981
Grafter
Posts: 647
Registered: ‎26-02-2008

Re: Plusnet will give your personal details to ACS Law with not informing you!!

@soft360lap1
Plusnet are now recovering costs from ACS:LAW for providing names/addresses and IP's.
I would think the ££££ is why ! Lips_are_sealed
HPsauce
Seasoned Pro
Posts: 7,185
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Registered: ‎02-02-2008

Re: Plusnet will give your personal details to ACS Law with not informing you!!

Trying to get in quick ahead of all the other claims and before they go bust?
foxtrck
Grafter
Posts: 110
Registered: ‎30-06-2010

Re: Plusnet will give your personal details to ACS Law with not informing you!!

Quote from: soft360lap1
Very interesting thread but I am confused  Huh
Why were Plusnet/BT willing to process another batch of IP addresses in August when ACS Law failed to provide them with a report of how many people were sent letters of claim and how many  faced legal proceedings for the previous request in February?

Yes read the PDF doc named Plusnet_Digi_5 Aug 2010.pdf from BT Legal to ACS Law stating that they have not received a report from previous proceedings and that if the data given is not processed and reported by Dec 2010 then it shall be unlawful to use this information.
Some very interesting sensitive documents floating about  Wink
It's all coming out now just how these cowboys run their business.

Quote
http://www.opsi.gov.uk/si.../ukdsi_9780111473894_en_1
If you didn't record you wouldn't have had to share it. See para 10 - why are PN logging data anyway?
And then there is para 6.
AAISP take this view:

I also agree with this point, why were PN recording data over a year????? The hit date on my record is 24.09.09, yet ACS Law should have processed that by now and reported it to PN and BT within 6 months if any action had been taken.
It is also a sham that PN is recording data and providing third party suppliers and organisations with data WITHOUT ANY CONSENT. When I asked why, i got the response:

Quote
We were under no obligation to notify you prior to the disclosure of your information, although this was something we were looking at doing for future NPO orders (we weren't yet 100% on the legal implications).