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Unsolicited Calls

Re: Unsolicited Calls

Postby dls » Tue Oct 06, 2015 7:57 pm

There are several real and developing issues which might prove more fruitful

Implications of the recent decision on safe harbour rules

Snowdon's revelations on state phone hacking and the human rights arguments which arise.

The increasing use of the EU charter of fundamental rights as an add on for the ECHR - what consequences might flow for attempts to remove ourselves from the ECHR. If we leave ECHR and the EU, what happens to our acceptance of similar obligations under the UN Charter.
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Re: Unsolicited Calls

Postby tph » Tue Oct 06, 2015 9:23 pm

I suppose if you are looking for an obscure angle you could argue along the lines of the recipient of the calls giving out private and confidential information and whether that is stored or shared in contravention of the act. Also look at the respect for privacy when one has a reasonable expectation of privacy in relation to any information given and the right to control the dissemination of information about ones private life. It all hinges on what is known about the companies who propagate these types of call and how they behave. Very much a kite flying exercise if you ask me.
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Re: Unsolicited Calls

Postby Millbrook2 » Wed Oct 07, 2015 8:05 am

As well as unsolicited calls is there an angle in withheld numbers. If there were no withheld numbers it would make it easier to complain against the companies but also remove the means whereby fraudsters try to trick folks over the phone.
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Re: Unsolicited Calls

Postby b1969 » Thu Oct 08, 2015 5:46 am

Look at the evidence available of how such an apparently trivial annoyance can be intrusive and distressing. The Information Commissioner's Office website has plenty of this eg

One complainant stated they were waiting for news of a terminally ill family member and couldn’t ignore the phone, and felt powerless against the automated calls. Another talked of the calls bringing back memories of the morning phone call when their young grandchild had passed away. Another said they felt like their home had been invaded as the answer machine filled up with calls from the company.

David was ahead of me with the point about the European Charter of Fundamental Rights. This aims to be a modern codification of rights enshrined in other conventions, and at Article 8 explicitly recognises protection of personal data as a fundamental right. If I wanted an unusual argument I'd be confronting the UN delegates and saying they were stuck in the past and failing to address a fundamentally intrusive activity. Whether that would get you a first or a fail is another matter (I don't even know how true it is).
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Re: Unsolicited Calls

Postby shootist » Thu Oct 08, 2015 9:11 am

I think it almost impossible to control these calls to any significant degree. One of the problems is that people are all to often too 'nice' and, quite frankly, too gullible. We end up trying to protect people from themselves. One perhaps half hearted solution that does require some effort on the part of the recipient is the call that suggests you have been involved in an 'accident' recently and goes on from there. Most of these calls ask you to press a key and you will receive a call from one of their 'experts'. I always press that key, and on quite a few occasions I will receive a call from some genuine company seeking to represent my interests. I ensure I write down all their details then tell them I have never been involved in any such incident and ask them why they are employing an organisation that tells lies to drum up business. I suppose there could be a next step against that company in law, but I've never bothered exploring it. If anyone here can come up with a workable complaint then I'll keep that handy for the next one.
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Re: Unsolicited Calls

Postby Hairyloon » Thu Oct 08, 2015 11:20 am

b1969 wrote:Whether that would get you a first or a fail is another matter (I don't even know how true it is).

Whether it is true may be secondary to the presentation of a good argument.
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