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Data Protection Act

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Amalething

Junior Member
What is the name of your state?What is the name of your Country? England.

Im not sure if Im posting in the correct area, so please inform me if Im wrong..

I Have just found out that a telesales book company 'Mango' has been recording phone conversations without the knowledge of their customers. When I asked if the calls were being recorded they exclamed, "yes, all calls are recorded." But would not comment further even though he himself agreed that it is against the law.

I myself work in one small area of security which is why I was alerted by the offence. Here is a snippet of the Data Protection Act.

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"55. - (1) A person must not knowingly or recklessly, without the consent of the data controller-
(a) obtain or disclose personal data or the information contained in personal data, or
(b) procure the disclosure to another person of the information contained in personal data.

(2) Subsection (1) does not apply to a person who shows-
(a) that the obtaining, disclosing or procuring-
(i) was necessary for the purpose of preventing or detecting crime, or
(ii) was required or authorised by or under any enactment, by any rule of law or by the order of a court,
(b) that he acted in the reasonable belief that he had in law the right to obtain or disclose the data or information or, as the case may be, to procure the disclosure of the information to the other person,
(c) that he acted in the reasonable belief that he would have had the consent of the data controller if the data controller had known of the obtaining, disclosing or procuring and the circumstances of it, or
(d) that in the particular circumstances the obtaining, disclosing or procuring was justified as being in the public interest.

(3)A PERSON WHO CONTRAVENES SUBSECTION (1) IS GUILTY OF AN OFFENCE."


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Can anyone offer me any advise as to where to go next? I would like to report them, as I take the DPA very seriously.

Thanks.
 



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