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SA Privacy Breach by Telecommunications Company - Compensation?

Discussion in 'Other/General Law Forum' started by wanting a result, 6 January 2015.

  1. wanting a result

    6 January 2015
    Likes Received:
    Some years ago I gave evidence in a court case where an outlaw motorcycle gang member was sentenced & since then I have tried my best to keep private details such as mobile phone number & home address etc private.

    Fast forward to November last year I was horrified to find a brand new 2015 phone directory to have my "silent" phone number & home address printed in there for all to see. After contacting the phone directory they explained that receive all information directly from my Telco provider & for any complaints to be made directly to them, the ACMA & also the TIO (Telecommunications Industry Ombudsman).

    At first my Telco company brushed me off so to speak & offered a 4 month "free phone bill" (valued at $240) - which I found totally laughable - so I proceeded to take the matter to both the ACMA & TIO.

    Barely 2 weeks later I received a call from the complaints department from my Telco company where a nice lady over the past several weeks has offered to me a very detailed explanation that yes they are at fault for release of private information & that it has unfortunately been made public since 2004!! Since then all online publications like the White Pages have had my details removed. A detailed apology has been offered by my Telco company & yes I have accepted that.

    BUT the huge sticking point remains - compensation for breach of privacy and publication & release of personal/private details. The Telco company will NOT budge from their original offer of 4months free phone bill - even though the Telco company has been fined several times over the past 10years for such offences similar to mine. The ACMA & TIO are toothless tigers in regards to this point & will only act if an agreement/ settlement with all parties concerned can not come to a suitable agreement.

    So here lies my question: what is a suitable monetary figure I can throw at my Telco company for such an incident? I have twice received phone calls from my Telco company wanting to close this matter asap and will receive another call regarding closing the matter in a week's time. I will not have the matter closed until I'm happy with a reasonable compensation figure.

    Can any one here help or offer advice?

    Thank you in advance.
  2. John R

    John R Well-Known Member

    14 April 2014
    Likes Received:
    Hi @wanting a result
    1. If you have received (and I understand, accepted) a formal apology but are dissatisfied with the proposed $240 in credit, what "remedy" are you looking for?
    2. In relation to thinking of "reasonable compensation", have you documented and calculated the time and costs that you've incurred in resolving this matter to date (this may also include any medical costs incurred, etc.)?
    3. Have you contacted the Privacy Commissioner (as part of the Australian Office of the Information Commissioner - that was scheduled for closure on 31 December 2014, but is open until further notice) in relation to the matter? If yes, what did they say?
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