Quote:
Originally Posted by vicz
I agree that this probably what is happening (we non-lawyers should stick together!) In fact BT privacy policy implies as much
It seems they have themselves covered legally if not morally in the fine print.
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I'm not convinced - if I've served them with a DPA notice...
"I HEREBY GIVE NOTICE to BT that until further written notice from me you must not begin processing for the purposes of direct marketing personal data in respect of which I am the data subject. The Terms and Conditions to which I agreed make no mention of intercepting data by routeing it through BTWebwise or Phorm servers or any other means of capturing, profiling, mirroring, touching, forwarding or looking at such data for any such purpose or for inspection or analysis or interpretation by third party commercial enterprises.
I also draw your attention to the Common Law right to privacy where "a duty of confidence arises when confidential information comes to the knowledge of a person in circumstances where he has notice, or is held to have agreed, that the information is confidential, with the effect that it would be just in all the circumstances that he should be precluded from disclosing the information to others." I HEREBY GIVE FURTHER NOTICE that any of my personal data that may be captured, profiled, mirrored, touched, forwarded or looked at is confidential and that BT has a duty in law to respect that confidentiality and not allow any of that data to be stored, mirrored, profiled or analysed for the benefit of a third party, notwithstanding any confidential data that BT holds that relates specifically to the normal operation of my Broadband service.".....
does that not override anything in the Privacy Policy or the T & Cs?
g