Identity Revealed Online

[STS]

Hi,

 

I have recently left an honest low-scoring review on TripAdvisor, to which the restaurant responded by providing the exact location of my work, along with my job title. As I am the only person with this job, I can easily be identified.

 

I flagged the restaurant's response for this reason and it was deleted. However, the restaurant immediately re-posted and, as TripAdvisor approve anything and everything, they have allowed it on to the site once more.

 

Are the restaurant legally allowed to reveal my personal information, which I have not given them permission to provide, online, or am I able to take legal action?

[citizenB]

Have a word with the Information Commissioner. I would think they aren't allowed to do this. How did the restaurant obtain the information in the first place ?

[STS]

Thank you. I will contact them. Which section of their site would I make a complaint through?

 

Handling? https://ico.org.uk/concerns/handling/

 

Or Internet Search Results? https://ico.org.uk/concerns/search-results/

 

They acquired this information through small talk upon arrival and have since seen fit to publish this information online.

[BankFodder]

Please let us know the identity of the restaurant.

 

I think that this is a very serious and malicious breach of their Data Protection duty.

 

Also please link us to the Tripadvisor review

[STS]

I will not provide the identity of the restaurant as that will in turn reveal my personal information on here.

 

I've contacted ICO over the phone and they are unsure about it. They've told me that I should attempt to resolve it with the restaurant first, who have told me that I will have to make contact through their lawyer.

[BankFodder]

Well I'm sorry to say but the attitude of the information Commissioner is no surprise. They don't want trouble.

 

It's clear to me that the restaurant receives your information as part of their business and they should be registered under the data protection act and the information they receive about you should be confidential.

 

There is no other position. The information Commissioner is shameful.

 

However, the fact that you are now in a position where you have been told that you will have to deal with a restaurant basically means the restaurant will insist that you take down the review in return for them removing your personal data. In other words it's blackmail and if you giving them the restaurant wins.

 

Also by not publishing the name of the restaurant here on this forum, the restaurant wins.

 

If you allow this to go on then it will simply bring comfort to the restaurant and it will discourage others from giving similar reviews. This is effectively censorship of the Internet and also it corrupts and distorts the honest opinions which are given on Tripadvisor.

 

I would urge you very strenuously to provide the name of the restaurant here. Clearly what they don't like is – publicity. We can give them lots of that – but not only because of the quality of the meals or the service but also because of their attitude to customers data and what they try to do when customers criticise them in public.

 

If you want to take some direct action then you will have to bring a small claim in the County Court for breach of the data protection act. It will be a bit messy to bring but my view is that you stand a better than 90% chance of success. I can imagine that if a judge heard what had happened and the judge will be outraged. Not only that, but that if you brought the case and certainly if you won they would be some good publicity and the restaurant wouldn't be very comfortable about that either.

 

I think you should let us know the name of the restaurant

[BankFodder]

As a follow-up, if you really think that you can't name restaurant on this forum, then maybe you could send me an email to our admin email address with your contact details and we could have a chat over the telephone.

 

I expect that there are some journalists I could contact which would be interested in this story and who might agreed to do the story on the basis of confidentiality to you.

 

You can contact me in confidence on our admin email address

[STS]

I have just gone out, but I am willing to contact the admin email address when I return home so that we can discuss this matter.

[caledfwlch]

I would report it to the Police as Harassment, afterall that IS why they have done it, to harass you. Police take online harassment very seriously these days, and a Police Crime Ref etc would also be helpful if you sue.

 

And it costs just a stamp to send them a Letter Before Action threatening to sue for a CCJ.

 

Lots of lawyers do free consultation and so on, might be worth ringing a few and seeing what they say, the no win brigade would potentially take it up if they felt you had a good chance of success, or maybe even a local solicitor, and they would maximise your compensation.

[stevemLS]

I'm afraid I don't share the outrage and don't think the restaurant have done anything wrong.

 

"We are sorry a plumber from Leeds didn't enjoy their meal".

 

Honestly. To claim compensation under the DPA you must show you have suffered damage or "distress" alongside damage or breach of the "special purposes" which this is not.

 

You freely gave limited information about yourself which was ancillary to and not a function of the transaction, no expectation of confidence. I would put the prospects of success of any claim under s13 as zero.

[BankFodder]

I've spoken with the OP and I have now read the review - and the response from the restaurant.

 

I'm afraid that so far as I can see, the restaurant has revealed very minimal details of the OP - really just his job.

 

I thought that the restaurant's response was unnecessarily vindictive and it is clear that they were very angry. However, the provided a very full and reasoned response to a very full and reasoned review. The restaurant made it clear that they had gone to some lengths to obtain personal details of the OP.

I suppose that they may have used his credit card or booking details and then searched the internet. I find that a bit scary and very unworthy of a reputable establishment. That could be be considered to be an abuse of the OP's personal data and might provide a basis for complaint - but I'm not sure that the publication of his job would of itself be something that he could complain about - or not very easily, anyway.

 

There are clear rules in the Data Protection Act about lawful use of data and also about over-processing and it seems to me that the restaurant may have breached those rules.

 

I do find it very disturbing to learn that I might visit a restaurant which later on uses my payment or booking details to do research about me and to collect further personal information. I think that could be a breach of the DPA.

 

Make sure that you have a screenshot of their response.

[panther12]

Lesson learned when making small talk with a restaurant, tell em you're a litigation specialist for the ICO.

[STS]

"We are sorry a plumber from Leeds didn't enjoy their meal"..

It is less 'a plumber from Leeds' and more 'The person who works as a receptionist at JP Biggs & Sons in Blyth' for example. They have provided the exact location of my work, along with the role that I do there. I am the only person with the role.

 

I'm afraid that so far as I can see, the restaurant has revealed very minimal details of the OP - really just his job.

So there's little I can do other than continue to flag their response every time they post it? Revealing my place of work breaches TripAdvisor's management response guidelines, so it's not allowed on the site anyway.

 

The alternative is to delete my review and leave a lower-scoring review detailing their subsequent actions. It would be honest and perfectly justified.

 

I thought that the restaurant's response was unnecessarily vindictive and it is clear that they were very angry. However, the provided a very full and reasoned response to a very full and reasoned review.

I would like to point out that 95% of their response was lies. I don't even own a tracksuit, like they claimed I was wearing, for example.

[caledfwlch]

Police and make a complaint about online Harassment. Then see who is laughing.

 

And speak to some solicitors for free consultation

[stevemLS]

It is utter nonsense to suggest that this is a police matter.

 

Yes, they are far more interested in online harassment than they were, but this is where direct threats of physical violence is concerned.

 

Whoever knows (or cares) that the receptionist in blythe has left a negative review is just plain nonsense.

 

Where on earth is the cause of action to warrant speaking to solicitors.

 

What you are saying is that you should free to anonymously slag off a service provider, they have no right of response, don't identify you by any means ordinarily available to the general public.

 

I have no idea what trip advisors terms are. Even if they are breached, surely the sanction is to take down the offending post - that's it.

[Michael Browne]

Police and make a complaint about online Harassment.

 

Not sure that one post in response to an on-line review constitutes harassment.

[Ganymede]

It is utter nonsense to suggest that this is a police matter.

 

Yes, they are far more interested in online harassment than they were, but this is where direct threats of physical violence is concerned.

 

Whoever knows (or cares) that the receptionist in blythe has left a negative review is just plain nonsense.

 

Where on earth is the cause of action to warrant speaking to solicitors.

 

What you are saying is that you should free to anonymously slag off a service provider, they have no right of response, don't identify you by any means ordinarily available to the general public.

 

I have no idea what trip advisors terms are. Even if they are breached, surely the sanction is to take down the offending post - that's it.

 

Agreed. This is not harassment or a Police matter.

 

Also there is no solicitor that would take instructions from the OP to sue the restaurant.

[STS]

Hi,

 

There is currently a hate campaign against me online where somebody has attempted to acquire my personal information. The person who started this campaign have acquired my name, address and telephone number from the owner of this restaurant.

 

Is he allowed to pass my information on to whoever he likes, or will he have broken the law? Possibly breached the Data Protection Act?

[Ganymede]

Hi,

 

There is currently a hate campaign against me online where somebody has attempted to acquire my personal information. The person who started this campaign have acquired my name, address and telephone number from the owner of this restaurant.

 

Is he allowed to pass my information on to whoever he likes, or will he have broken the law? Possibly breached the Data Protection Act?

 

How did the restaurant get your full name, address and telephone number in the first place?!

 

What does this "hate campaign" consist of exactly?

[unclebulgaria67]

Hi,

 

There is currently a hate campaign against me online where somebody has attempted to acquire my personal information. The person who started this campaign have acquired my name, address and telephone number from the owner of this restaurant.

 

Is he allowed to pass my information on to whoever he likes, or will he have broken the law? Possibly breached the Data Protection Act?

 

If the campaign consists of anything which is illegal e.g threats against you, then go to the Police with all of the information.

 

If they are using internet sites such as Facebook or you feature in Google search results, make a complaint to those companies.

 

I suspect someone connected to the Restaurant is involved.

[STS]

How did the restaurant get your full name, address and telephone number in the first place?!

My name and telephone number had to provided to book a table. They acquired my address as they opted to send a refund in the post and I provided them with it. It was sometime after this that the owner of the restaurant decided to reveal my personal information online.

 

What does this "hate campaign" consist of exactly?

The current situation is that somebody has committed multiple hate crimes. Out of vengeance, they are playing the innocent card and are blaming me for their problems. Gullible people have bought into this and it has gone somewhat viral. People from around the world are using the Internet to trawl through my personal information. My name and location, along with details of how to find me were posted to Facebook. They lacked my full name, full address and telephone number at this point, but my review for this restaurant was then discovered.

 

I am aware from this person's post on Facebook that they have contacted the restaurant and acquired my name, address and telephone number from them.

 

Has the owner of the restaurant breached the Data Protection Act by doing this? Is there any legal action I can take against him?

 

If the campaign consists of anything which is illegal e.g threats against you, then go to the Police with all of the information.

No threats have been made as such, but somebody intends on using my details to make false allegations to the police. I'm hoping it will blow over and they will be dismissed before I take any action.

 

If they are using internet sites such as Facebook or you feature in Google search results, make a complaint to those companies.

Facebook is a problem, as my information has been revealed on there, but they aren't interested in removing the offending posts.

 

I suspect someone connected to the Restaurant is involved.

I know this for a fact.

[unclebulgaria67]

My name and telephone number had to provided to book a table. They acquired my address as they opted to send a refund in the post and I provided them with it. It was sometime after this that the owner of the restaurant decided to reveal my personal information online.

 

The current situation is that somebody has committed multiple hate crimes. Out of vengeance, they are playing the innocent card and are blaming me for their problems. Gullible people have bought into this and it has gone somewhat viral. People from around the world are using the Internet to trawl through my personal information. My name and location, along with details of how to find me were posted to Facebook. They lacked my full name, address and telephone number at this point, but my review for this restaurant was then discovered.

 

I am aware from this person's post on Facebook that they have contacted the restaurant and acquired my name, address and telephone number from them.

 

Has the owner of the restaurant breached the Data Protection Act by doing this? Is there any legal action I can take against him.

 

Pretty sure all businesses that hold data have to comply with the data protection, so if you can prove they have released your data to a third party, you can issue a County Court claim against them. But as the claimant you have to prove it and if you failed, you might have to pay their costs.

 

You need go to the Police, if you are being subjected to hate crimes, with the evidence to support this.

[STS]

Pretty sure all businesses that hold data have to comply with the data protection, so if you can prove they have released your data to a third party, you can issue a County Court claim against them. But as the claimant you have to prove it and if you failed, you might have to pay their costs.

All I have in the way of evidence is a roundabout wording.

 

When I noticed that my personal information had gone viral, I promptly changed my name on TripAdvisor to a fake name in an attempt to mislead people. The American clown posting my personal details bought into it and posted somebody else's Facebook profile on the page. He told the person who started this campaign against me that they could acquire my personal information from this restaurant.

 

They then told the American that they were already aware of the review, which he had mentioned, and that the person linked didn't share my surname.

 

That probably won't be evidence enough? It's only implied, but this is the only way they could have acquired my personal information.

 

You need go to the Police, if you are being subjected to hate crimes, with the evidence to support this.

I am not a victim of the hate crimes. Other people have been and I am falsely being linked with them as this malicious person tries to protect themselves.

[unclebulgaria67]

All I have in the way of evidence is a roundabout wording.

 

When I noticed that my personal information had gone viral, I promptly changed my name on TripAdvisor to a fake name in an attempt to mislead people. The American clown posting my personal details bought into it and posted somebody else's Facebook profile on the page. He told the person who started this campaign against me that they could acquire my personal information from this restaurant.

 

They then told the American that they were already aware of the review, which he had mentioned, and that the person linked didn't share my surname.

 

That probably won't be evidence enough? It's only implied, but this is the only way they could have acquired my personal information.

 

 

I am not a victim of the hate crimes. Other people have been and I am falsely being linked with them as this malicious person tries to protect themselves.

 

If you don't have evidence a Judge would believe, you have no chance.

 

Your best approach is to complain to any internet site, where you are being subject to a abuse. Make a complaint to them, using their official process.

[Ganymede]

My name and telephone number had to provided to book a table. They acquired my address as they opted to send a refund in the post and I provided them with it. It was sometime after this that the owner of the restaurant decided to reveal my personal information online.

 

 

The current situation is that somebody has committed multiple hate crimes. Out of vengeance, they are playing the innocent card and are blaming me for their problems. Gullible people have bought into this and it has gone somewhat viral. People from around the world are using the Internet to trawl through my personal information. My name and location, along with details of how to find me were posted to Facebook. They lacked my full name, full address and telephone number at this point, but my review for this restaurant was then discovered.

 

I am aware from this person's post on Facebook that they have contacted the restaurant and acquired my name, address and telephone number from them.

 

Has the owner of the restaurant breached the Data Protection Act by doing this? Is there any legal action I can take against him?

 

 

No threats have been made as such, but somebody intends on using my details to make false allegations to the police. I'm hoping it will blow over and they will be dismissed before I take any action.

 

 

Facebook is a problem, as my information has been revealed on there, but they aren't interested in removing the offending posts.

 

 

I know this for a fact.

 

You need to be less vague about these hate crimes otherwise we won't know if there is any cause to involve the police.