Phone call recorded by shop and used on online blog without my approval

[axil23]

I bought my wife jewellery which after using a few times she did not like. Now this product is very hard to come by and has a long waiting list. I only got it as I am regular with them and spend a decent amount of money on their brand. A friend suggested I sell it to a shop that sells used stuff like this. 

 

I called them up and asked them if they wanted to buy it and what the procedure was. Was happy with that and completed the sale. 

 

Got a phone call from the shop that sold it to me as they found out I had sold the stuff. Only just found out today that this particular shop has a YouTube channel where they showcase the stuff they have and one of their videos has the phone call mentioned above. They never informed me they were recording it or using it for their YouTube. 

 

They haven't shared any information but they used the telephone call without editing and the manager who sold me the product recognised me. 

 

I have lost a 10 year relationship that I built over the years. The second hand shop refuses to take down the video of my phone call.

 

Obviously the damage has been done but I am very angry at the shop for using my telephone call for their sales videos without my consent.

 

What can I do? 

[dx100uk]

i doubt anything.

 

you would have somewhere agreed to it in their t&c's i would guess.?

 

 

 

[axil23]

I didn’t sign anything! 
 

Thought a business had to tell you if they were recording the phone call?

[dx100uk]

you don't have to sign anything if you trade, you agree to their T&C's by trading with them.

go check them.

 

a business nor you has to inform anyone they are recording a call as long as they don't reveal pers details to third parties without express consent as far as i'm aware.

[axil23]

Haven’t they disclosed my details by putting me on their you tube testimonial? 

[dx100uk]

have they named you?
 

[axil23]

Not by name. But disclosed enough information that the company knew it was me. 

[dx100uk]

well each would have some pers info i expect or as you say, enough 'unique' info to add 2+2 but thats not in the public domain ... as i say i don't think they've done anything wrong..see what others think....

[axil23]

Thank you for your advice. 

[stu007]

Hi

 

I do agree to a cetain extent with dx100uk but you need to remember that if they recorded the call that is then classed as DATA and if they have used that recording of that DATA on there youtube video without your express permission (which I doubt you gave by telephone but did you sign anything when you sold these items at that shop and what does its terms and conditions say?).

 

This does not stop you enforcing your Right to Erasure under the General Data Protection Act (GDPR) Article 17 and asking them to erase that Data from not only there business but there Youtube Channel as well you need to write to them to enforce this.

 

Look at this ICO link: 

 

Right to erasure

ICO.ORG.UK

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The GDPR introduces a right for individuals to have personal data erased. The right to erasure is also known as ‘the right to be forgotten’.

 

 

Look at this link on you GDPR Rights:

 

Article 17 EU General Data Protection Regulation (EU-GDPR). Privacy/Privazy according to plan.

WWW.PRIVACY-REGULATION.EU

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Article 17 - Right to erasure ('right to be forgotten') - EU General Data Protection Regulation (EU-GDPR), Easy readable text of EU GDPR with...

 

 

 

 

 

[dx100uk]

i don't believe you can simply demand the 'right to erasure' just because 'you don't like' what happened with your data, there has to be a valid reason...i'e something was done with the 'data' that you did not, and this might have happened by 'default', agreed too. 

 

it's a bit like stuff here on CAG, OP's reveal 'data' and latterly want it 'gone' ...but our site rules state otherwise .

[BankFodder]

The law is very complicated but I have no doubt that if they recorded a telephone call without giving you any warning and then put it up on YouTube, that they were committing an offence under the Regulation of Investigatory Powers Act and or The Investigatory Powers Act – although don't ask me where specifically to find the provision.

If they gave you a warning then it would be an offence to use the recording outside the scope of that warning.

If either they didn't give you warning or they used it outside the scope of the warning then I'm quite confident that it could be a breach of GDPR - but I think we would have to no more about the way in which you are recognised.

If it was simply, for instance, the sound of your voice – then that might not be a data breach – unless somebody wants to argue that the sound of somebody's voice is capable of being "personal data". (If it's not yet – then I expect it will in the future.)
On the other hand, if it is because of information which it contained such as a reference to the purchase you had previously made then this could very likely be "personal data" in which case there may be a clear breach of GDPR.

 

I think it's quite natural to feel distressed about publication to which one had not consented, of an audio track .  I think it's also very natural to be distressed that a 10 year working relationship has been damaged by disclosure of the contents of that conversation. I think it's also very distressing to make a request that the publication be removed and for that to be refused.

Please can you tell us more about the identifier in the conversation

[BankFodder]

In fact from a very cursory scan of some Internet sources, I can see that it has already happened. Voice recording is an example of biometric data. It is personal data and is protected

[unclebulgaria67]

I suppose it is because the person could be identified as someone might recognise the voice.

 

Another point concerns payment for the marketing work that has been provided.  If the terms and conditions of the shop do not allow for phone calls to be used for commercial purposes,  then I would think you could argue about the value of the work.

 

How much would be a reasonable fee for this work ?

 

Youtube could be contacted, raising a dispute with them that consent was not provided to use the phone call.

[BankFodder]

I think if you started talking about fees for the work then you would have to start talking about implied contracts – and that would imply consent which would run counter to the idea that this was unauthorised publication.

I think there's much more value in claiming under GDPR for distress.

[axil23]

This piece of jewellery is not available anywhere and was the first of its kind in my area. I specified the colour and what it was on the phone call. When I met them at their shop I asked them to keep it quiet as I didn’t want anyone to know I was selling it. They agreed. 
 

I called him on his private mobile number where the phone call was recorded by video camera. 
 

The company must have seen the video, the specifics of the product mentioned and heard my voice. 

[BankFodder]

And do you have details of when it was first put up?
Did you request in writing for them to remove it? Did they respond in writing?

What is the name of the shop?

I suggest that you send them an SAR.

 

[axil23]

I just found out yesterday. It was put up on the 6th of June. 

 

I have tried calling them a few times but the owner knows my mobile number is not answering the calls. I sent him a text to explain and he hasn't replied. 

 

[BankFodder]

You haven't addressed the questions I've put. Very difficult to help when you won't actually deal with the questions

[axil23]

4 hours ago, BankFodder said:

And do you have details of when it was first put up?
Did you request in writing for them to remove it? Did they respond in writing?

What is the name of the shop?

I suggest that you send them an SAR.

 

First put up - 6th of June

Sending them a request today as I only found out yesterday. 

 

Rather not say the name of the shop yet as its a independent trader and I want to give them the opportunity to make things right. Will send them a SAR