Phonecall from ASDA.

[haggis1984]

I don't understand why there is disagreement here.

 

Facts:

 

1. Squirrel recieved a number of innappropriate phone calls at an inconvienient time.

2. Squirrel was distressed by this.

3. Asda have absolutely failed to handle the (legitimate!) complaint adequately.

4. Conseuqentley Squirrel remains unsatisfied and the issue remains unresolved.

 

Kraken your most recent posts arent really in the spirit of CAG. Rather than offer Squirrel constructive advice you seem to have chosen to bicker and be sarcastic.

 

If you want to try and call me at 5.30 in the morning, frankly you are welcome to do so. All you need to do is get my number from tescos or sainsburies. I use them to deliver stuff all the time. Or I will sell it to you for a reasonable sum. I think £50 seems about right. then you can call my voicemail as much as you like.

 

And what the hell kind off comment is this:

 

If it is deliberate, and he is a scary stalker, he is your problem. Not asda. They are as much a victim as you, he stole information from them and misled them.

 

You acknowledge that Squirrel is stressed by this then state that Asda are a victim too?! Its your problem? The whole point of CAG is that we help people solve problems - not belittle them and tell them its their problem. Madness.

 

 

Squirrel -have you put a complaint to Asda in writing yet?

[Kraken1]

I see our role is to help. give realistic advice, not tell posters what they want to hear. the problem here is an over-reaction on the part of the OP. I think the posts made infer that the OP is a little high-strung.

 

As for my comments, I mirror those directed at me, for eg 'You make me sick. grow a backbone, get some soul and stop being so pathetically cynical.'.

 

Other than that, as I've said earlier, complain and do what you want, but don't expect anything in this instance.

[haggis1984]

Our role certainly isnt to tell people they are 'over-react(ing)' or 'high strung,' just as it isnt to tell people what they want to hear.

 

Our role is to offer advice and potential remedies to issues posters have, and then sure advise as to their chances of success.

 

If I were Squirrel would I have been upset? No, as you indidcate you wouldn't be. That doesn't mean that Squirrel is over-reacting or highly strung. We dont know their personal situation. Maybe the were a victim of crime in the past? Maybe the suffer from nervousness/anxiety? Frankly its none of our bussines - just as its none of our business to make judgements and call posters 'highly strung,' or tell them the issue is 'their problem.'

 

Disapointed to see such an attittude from a more experienced cagger than myself.

[Kraken1]

start with my earlier posts. I think I spelt out my opinion, and then rather than having it just disagreed with, I was attacked and told I was wrong. I will defend my opinions when they are attacked, as opposed to disagreed with.

[haggis1984]

Correct me if im wrong but I can see no evidence of Squirrel even disagreeing with you previously - Bookworm did. I can just see hostillity towards Squirrel from you with no provocation in post 44.

 

In any event that will be my last word on the subject. This discussion isn't helping the OP either.

[Kraken1]

posts 23-25.

[Guest Gertie100]

I would just like to add the following...its simple like me...

 

I would be absolutely enraged if this had happened to me...

yes, my bank, utilities companies, etc etc have my phone number and know where i live but they have never rung me at ridiculous o'clock...christ my friends don't do this when they are drunk so I certainly don't expect anyone else to do it!

 

And yes, if Asda had simply apologied in the first place then it would be a non starter...mistake made and rectified...all happy.

 

If nothing else, then its down to bloody manners surely!!!!!! We really will put up with anything won't we???

[danielr]

You are making heavy weather of a situation, whilst unfortunate, was neither malicious or with intent to alarm or cause distress. ANY number dialled by a mobile is 'stored' and overwritten after a further 10 (or so) calls are dialled.

not all phones will erase numbers after 10 more calls, my old phone kept a call list indefinitely, of course I could manually delete numbers, but the list was there from the day the phone was bought until the day I stopped using it.

 

For instance why did asda not give its drivers an asda mobile, a cheapy they sell to us of the counter for about 20.00 and give one to all drivers. At the end of the day they could have retained them for data protection reasons and then kept them incase a such problem happened again, as in their phones need replacing again.

they didn't just give the drivers a £20 handset from the store because then they'd be paying the rates attached to those phones rather than a much cheaper business contract covering possibly hundreds of phones.

 

I switched off my phone to avoid this loser and lost a day at work because I inadvertently lost my alarm. Do you think this is ok?

I don't think that you can blame either ASDA or the driver because you missed a day of work, you switched off your phone. I appreciate the reason why, but the end effect isn't ASDAs fault

 

But I have, the Data Protection Act to be specific.

 

The Data Protection Act 1998 establishes the following 8 principles in relation to the processing (ie management) of personal data

1. Personal data should be processed fairly and lawfully.
   
2. Data should only be obtained for specified purposes and should not be further processed in a manner incompatible with these purposes.
   
3. Personal data should be adequate relevant and not excessive in relation to the purposes for which they were collected.
   
4. Personal data should be accurate and where necessary kept up to date.
   
5. Personal data should not be kept longer than is needed for its intended purpose.
   
6. Personal data should be processed in accordance with the rights of the individual which the information concerns.
   
7. Appropriate measures should be taken against unauthorised or unlawful processing or destruction of personal data.
   
8. Personal data should not be transferred outside the European Economic Area (the EU states plus Liechtenstein, Iceland and Norway).
   

(my bold)

 

To add to that, the data controller has a duty that the data is kept safe and not disseminated. Having a driver storing a number on his private phone is anything but,

 

I've added a further emphasis to the act, Processed, data stored as an un-indexed list on a call record isn't processed as it doesn't link the number to an individual.

also ASDA have to disseminate the information to the driver so that the driver can call you when they get to our house and you don't hear the door.

 

 

I doubt that a mobile telephone number alone would be classed as personal data. I think there are also issues with your definition of 'storage'.

If a name was stored with the number it would be personal data, and stored means stored by any means, (though I believe the act only covers sorted data). so a pile of papers that are unsorted or indexed isn't data, a pile of papers sorted into sections of customers etc is data.

if the number was stored in a phone book on the phone a name or address would probably have been attached to that number, and then it's personal data that's being stored (and the act is relevant).

a list of last called numbers, that are of no relevance or meaningful information is just a list of numbers, not data.

 

basically what I'm trying to say is this:

Ive read it and can't find anything in there about phone numbers, but the google search summary reads:

 

8 The term 'personal data' undoubtedly covers the name of a person in conjunction with his telephone number or information about his working conditions or ...

extended the bold there

 

they have not even confirmed that this man is crb checked, which leads me to believe he is not. So dont talk to me about intent. you know nothing about their driver and neither do i, but i have to go to sleep at night knowing that he knows where i live and my phone number.

 

why would anyone CRB check a delivery driver?

and o be fair you gave the company your name address and phone number knowing that a stranger would deliver it. you can't complain that the driver isn't CRB checked, especially when they don't do a job that would require being CRB checked.

 

Tesco have procedures in place to protect their customers from this sort of rubbish.

no they don't, if the driver is dialling a number, be it on a work or personal phone they still have that number, and could copy it to their own phone.

there is no procedure in place at all.

it's just that ASDA's policy on this instance of asking drivers to use their own phones opened an avenue for this inconvenience to yourself.

 

Do you really think a matter is only worth pursuing if there is financial gain?

So many times I've seen people on this forum say this has happened, what's it worth? so I applaud you for just wanting to make a tiny bit of the world just a tiny bit better

 

As it is, I doubt that the data protection act has been broken, I doubt that the spirit of the act has even been broken. (though I work in IT, not law, -so my advice may not be worth the paper it isn't even written on).

 

but even so an apology might have been nice, not to have been called a liar at every opportunity.

[maddiemay]

Fred West had a driving licence! probably the only qualification required to become an Asda delivery driver. Do whatever yo have to do to make your point, this is a very sick world and no-one can be trusted, particularly if they 'accidentally' phone you 3 times at 5.30am.

The poster wants advice not opinions.

[Kraken1]

I thought the above was a reasonable summary of the issues and competent advice.

 

the yorkshire ripper was a lorry driver as well. And ian huntly was crb checked. Still, the most likely person attack you is a friend of family. Stranger danger is a comparatively small risk. Statistically you are more at risk from your partner...

[danielr]

The poster wants advice not opinions.

ok,

As it is, I doubt that the data protection act has been broken, I doubt that the spirit of the act has even been broken. (though I work in IT, not law, -so my advice may not be worth the paper it isn't even written on).

 

the only way that the act could have been broken is if the driver stored the number in the phone with a name attached.

 

that's both unlikely and probably impossible to prove now.

 

 

but even so an apology might have been nice, not to have been called a liar at every opportunity.

an apology would be nice, but the store don't have to, there is no law to make a company apologise when they've been rude.

 

 

I still think that the cause is just, if only because ASDA are showing such a lapse attitude towards the whole ordeal, and really should adjust this.

[haggis1984]

I thought the above was a reasonable summary of the issues and competent advice.

 

the yorkshire ripper was a lorry driver as well. And ian huntly was crb checked. Still, the most likely person attack you is a friend of family. Stranger danger is a comparatively small risk. Statistically you are more at risk from your partner...

 

You should be writing messages for Valentines cards!