Irish Data Protection Commission Case Studies

 

In January 2012, the Office received a complaint from an individual alleging that her personal data had been unfairly processed by the telecommunications company Hutchison 3G Ireland (Three). The complainant alleged that her personal data had been passed by Three to a debt collection agency without her consent.

 

The complainant informed us that she had entered into a twelve month broadband contract with Three and paid for the service by direct debit. She informed us that after the twelve months had expired, she cancelled her direct debit for payment of the service as she considered the contract was up. She stated that she also contacted Three to cancel her contract. The complainant alleged that she began to receive phone calls from Three querying the cancellation of her direct debit and in relation to an outstanding debt on her account. The complainant further informed us that, despite her communications with Three in relation to the matter, a number of months later she received a letter from a debt collection agency regarding her debt to Three.

 

This matter was raised with Three and in its response, it informed us that the complainant had originally signed up for a twelve month minimum term contract. It also informed us that all of Three's minimum term contracts remain in place following the expiry of the minimum term which is standard in the industry.

 

According to Three, under the terms of its customer contracts, if a customer wishes to cancel a contract, they must provide thirty days written notice. In this case, Three informed us that the complainant continued to use the account long after the minimum term of twelve months had expired. Three further informed us that the complainant cancelled her direct debit payment for the broadband service prior to her cancellation of the contract and it sought to recoup the monies owed in respect of the broadband usage which occurred after the direct debit had been cancelled.

 

It also informed us that, in accordance with its normal debt collection process, it issued the account of the complainant to a debt collection agency. Three's terms and conditions clearly stated that it may use and share customer details for the collection of any debts on an account and that this may include the use of debt collection agencies to collect debts on its behalf. In this case, Three used a debt collection agency to obtain repayment of the complainant's debt.

 

It was our view, following the investigation of this complaint, that Three did not unfairly process the complainant's personal data when it passed her details to a debt collection agency in order to have any outstanding debt collected.

This case study highlights that it is vital when individuals are signing up to contracts with any company, that they are fully aware of what they are signing up to. Terms and conditions of a contract should always be read and fully understood before committing to such a contract.