Just noticed that the Ofcom only publish guidelines (not legislation); it would be up to the Information Commissioner to determine if there is a breach of legislation, after giving due consideration to those guidelines. I would think the guidelines would be very persausive, however.
Just received a call from BT about my request, under the Data Protection Act, for the call I made to BT on 24 December, 2011 @ 10:43hrs. I was told that the call only related to a problem about my aunt's phone and that that I never asked, or even enquired, about a new phone line at my address! The fraudulent order for a new phone line (with broadband) was raised offline less than three hours later @13:31 hrs. The call I made on 24 December is the only record BT have of me calling them prior to the fraudulent order being raised.
The person I spoke to @10:43 hrs on 24 December is based in Bangalore and I now know that they can raise sales orders even though sales calls are not routed to them. My call was routed to them because I was not NOT enquiring about sales - I was calling about a fault!
Despite the fact that I was calling about my aunt's phone line and despite the fact that I withheld my number, that advisor could see the phone number I was calling from and could see my address and old account details (but could not see my date of birth, email address or bank details). I have confirmed this by calling other advisors on the same number (0800 800 150) and asking what details they can and cannot see, relating to my old BT account (I have not been a BT customer for about 4 years).
The advisor did not raise any order striaghtaway as that would have ensured that the call was recorded - and the scam would have been uncovered. (it is lucky this call was recorded as BT do record some non-sales calss too)
The frauidulent order was then passed to a backroom staff member (Mr. Shaik, also in Bangalore) and who actually made the fraudulent order in my name. Mr. Shaik bypassed the credt check entirely and recorded false details in my name: a fake date of birth, fake e-mail address, fake contact phone number and changed the only contact method from post to that fake e-mail address!
The only correct information about me in the fake order was my name and address! That is the information that BT staff can see when I call them - even though my number is always witheld when I call them!
BT's official explanation to all this? It was an error, even though I have spoken to BT staff (in recorded phone conversations) who have investigated this and told me unequivocally that the order was raised fraudulently by Mr. Shaik
I have now received a copy of the call recording I made to BT on 24 December @10:43am. During that call, I only discussed my aunt's phone line - giving the advisor her number. I DID NOT GIVE MY NAME OR MY PHONE NUMBER OR MY ADDRESS DURING THAT CALL. I GAVE NO PERSONAL INFORMATION ABOUT MYSELF WHATSOEVER.
The only way that BT could have ordered a phone line in my name at my address is if they could see my phone number, name and address details, based on the CLI of the number I called from (despite the number being withheld)
After making in excess of 100 calls and over twenty hours on the phone to BT, I have finally managed to escalate this complaint! Staff at BT HQ must be fed-up of hearing my voice now!
One member of staff had the nerve to suggest that I would breach the Data Protection Act if I published the one and only phone number for a manager in the Chief Executive's office! I pointed out that as I am NOT a data controller, I would not be breaching the Act!
Amazingly, that manager does not even have a land-line number! That means I have to call an expensive mobile number. Anyway, I got her to call me back and, as always, the call was recorded. She could certainly see what my concerns were, even though she found it hard to believe that a BT employee would commit fraud as they would be fouind out!
Well, it has taken me nearly 4 weeks to get to speak to someone that can finally deal with this issue properly. Others have either ignored what I said or have no power to do anything or simply say 'there is no fraud' without giving it proper investigation. It is only because I have been so persistent that BT is now investigationg this!
I have been told by BT they will not investigate unless they have a crime reference number from the Police but the Police say they will not give a crime reference number unless BT confirms there was a crime! In other words, until BT (the perpetrator of the crime) voluntarily contacts the Police to say they committed the crime, the Police will do nothing! So much for the Fraud Act 2006 - which takes away the reponsibility for investigating fraud away from the Police and placing that investigation (in this case anyway) into the hands of the criminal themselves!