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

davethir
Grafter
Posts: 178
Registered: ‎07-05-2010

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

Thanks for the information from the 2 moderators, yes i did indeed mean the PlusNet team not the Moderators, sorry for the wrong statement
VileReynard
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Registered: ‎01-09-2007

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

Do Plusnet have any policy on whether they challenge court orders - or do they just roll over and help any old scammer?

"In The Beginning Was The Word, And The Word Was Aardvark."

scootie
Grafter
Posts: 4,799
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Registered: ‎03-11-2007

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

even thoe PN dont have to action this request just because they can request the info, i would like to see PN do this on behalf of the internet nation so that end users can see the stats on what cases are taken to court vs those that are scaremongered into coughing up money.
we pay are monthly bills (even when you mess are invoices up) how about doing us a favour and request the data we want to see yet are selfs are not legaly able to put an application in for are selfs
David_W
Rising Star
Posts: 2,305
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Registered: ‎19-07-2007

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

I'm also interested in what the PN chaps have to say about this, but, I found a loop-hole!
"Such disclosure shall be in an editable electronic text format by way of Microsoft Excel file saved in an encrypted form to a compact disk(sic), or any other digital media"
Ok, PN *have* to encrypt the data, the court order says so, it says nothing about providing a facility to decrypt the information, so basically PN have to send an encrypted document which the other side doesn't have to have the ability to read.  Furthermore, any other digital media, I think saving it as an Excel file on an Atari ST floppy disc would be nice, although what really classifies it as digital media?  PN could stick it on a tape roll for an ancient machine that is no longer available to buy, unless you have several hundred thousand quid handy, and a machine to break the encryption.
That's the way I'd do it, I'd be following the letter of the court order, and of course, charge the applicant the reasonable costs of buying the tape machine to put the encrypted excel file on to.
bobpullen
Community Gaffer
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Registered: ‎04-04-2007

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

Quote from: davethir
I am still waiting for an answer to my post from Plusnet...

We have asked the question however answers to things like this can take some time to formulate. Anything with legal implications needs to be run via the necessary channels and this often requires having to involve BT's legal department.
We will keep pushing for a response but at the moment I'm afraid we haven't a definitive answer for you Sad

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

plusnetjunky
Dabbler
Posts: 14
Registered: ‎21-09-2007

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

I think that if a request for your personal details is made and they are provided you should be informed they have been provided - just so we can see exactly how many requests for this sort of information are occurring.
davethir
Grafter
Posts: 178
Registered: ‎07-05-2010

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

Yes i agree that this is the very least that PN should do
adie:quote
avalon
Grafter
Posts: 361
Registered: ‎05-04-2007

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

IANAL but my reading of that Court order was that the applicant (Digiprotect) should provide as a matter of course a report on the no's contacted and the no of legal proceedings within 6 months to the respondents (Plusnet et al).  It was a numbered point in the section headed "It Is Ordered That".
It read to me that it was a legal requirement of the court order for Digiprotect to send this information to Plusnet within 6 months, just as Plusnet were required to send them the name/address information, not that it was something Plusnet had subsequently ask for?
jelv
Seasoned Hero
Posts: 26,785
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Registered: ‎10-04-2007

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

I wonder if there is any way the FOI act could be used in this case?
jelv (a.k.a Spoon Whittler)
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scootie
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Registered: ‎03-11-2007

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

does the foi act cover private companys? i've only ever heard of it used on goverment/ public bodys
jelv
Seasoned Hero
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Re: Plusnet will give your personal details to ACS Law with not informing you!!

No it doesn't, but I was wondering about directing the question to the courts along the lines of asking how many prosecutions have been brought as a result of the orders.
jelv (a.k.a Spoon Whittler)
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scootie
Grafter
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Re: Plusnet will give your personal details to ACS Law with not informing you!!

yeah that way may work, had a quick google to try and find which court house acs law use but just manily came across lord lucas blasting copyright lawyers in the house of parliment.
davenport lyons copyright laywers firm set up acs law, so there's strong possabilty that alot of the offical documents are under the davenport name instead of acs law.
You know what there like trying the same trick as debt collection agenices by setting a few diffrent company names up
davethir
Grafter
Posts: 178
Registered: ‎07-05-2010

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

ACS Law always go to the High Court in london, they first send a letter to each of the ISPs and the ISPs send back word that they are not going to contest the hearing, if you notice on the court order i posted,Tiscali have been crossed off, I can only assume that they sent word back saying they would contest. Perhaps this is what PlusNet should do if anymore court orders come their way.
godsell4
Rising Star
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Registered: ‎06-04-2007

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

Quote from: Asbo
does the foi act cover private companys?

Not sure, but the Data Protection Act gives you similar powers, that is, if they hold electronic information about you then for a nominal fee they must provide details ... I think!
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avalon
Grafter
Posts: 361
Registered: ‎05-04-2007

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

There's a difference, FOI can be general and you don't have to be the party concerned to request it.  E.g. you could ask your local council how many badgers were killed crossing B roads in their area even if you were neither a badger or someone who had run over one.
DPA requests cover data they hold about you personally, and there are plenty of get-out clauses, e.g. for information held in connection with legal matters, so I doubt that even if you were personally sued by ACS Law you would be able to see anything they have in their file on you.