phone..."cloning" and data deletion
phone..."cloning" and data deletion
Author
Discussion

Rangeroverover

Original Poster:

1,523 posts

140 months

Friday 19th March 2021
quotequote all
Briefly
Handed back my company phone, prior to that I copied the contacts as it had all my personal contacts and many clients who, either I knew before I worked for them or said they wished to stay in touch.

Not being very IT savvy I had somehow permanently combined the two phones.........so they have the ability to delete numbers from my new personal phone. They are aware they are doing it and have been selective. I have spoken to a few of the people they have deleted, they are outraged.

I have been on furlough for 12 months, they have been making offers for me to resign which I have been resisting. I have now told them I am not prepared to discuss anything until they replace the phone numbers.

As far as GDPR is concerned the clients have confirmed they wish to stay in contact with me

Do I have a possible action against them that I can use as a tool in our negotiations

Sebring440

3,206 posts

125 months

Friday 19th March 2021
quotequote all
Rangeroverover said:
Briefly
Handed back my company phone, prior to that I copied the contacts as it had all my personal contacts and many clients who, either I knew before I worked for them or said they wished to stay in touch.

Not being very IT savvy I had somehow permanently combined the two phones.........so they have the ability to delete numbers from my new personal phone. They are aware they are doing it and have been selective. I have spoken to a few of the people they have deleted, they are outraged.

I have been on furlough for 12 months, they have been making offers for me to resign which I have been resisting. I have now told them I am not prepared to discuss anything until they replace the phone numbers.

As far as GDPR is concerned the clients have confirmed they wish to stay in contact with me

Do I have a possible action against them that I can use as a tool in our negotiations
Action for what? They haven't done anything untoward to you. They've simply deleted contacts on a phone that they own.


Chozza

808 posts

181 months

Friday 19th March 2021
quotequote all
What is the phone ?

Android or Apple

The complete contact list might be in either your google account or icloud. - so you can recover it yourself.

I suspect that you have copied across a profile that included mobile device management in it ... the IT bod is unlikely to realise that he is altering data on a phone that the company doesn't own....

I wouldn't go down the "you" accessed my phone route - as you appear to have put your contacts onto their device and they probably have a rule about that - and copying client data across from their phone to yours should be an obvious no no , your data controller will need to know about the breach ! so give them a call.

DaveE87

1,149 posts

164 months

Friday 19th March 2021
quotequote all
I'm assuming you've set up synchronisation of contacts via something like gmail.

In future save the contacts to an email address and synchronise with the new phone, then remove the synchronisation from the old phone. I do this when I change phones so I don't have to sit and transfer all my contacts.

I don't think you can claim anything due to your own ineptitude.

Countdown

49,361 posts

225 months

Saturday 20th March 2021
quotequote all
Rangeroverover said:
Briefly

Not being very IT savvy I had somehow permanently combined the two phones.........so they have the ability to delete numbers from my new personal phone. They are aware they are doing it and have been selective. I have spoken to a few of the people they have deleted, they are outraged.

I have been on furlough for 12 months, they have been making offers for me to resign which I have been resisting. I have now told them I am not prepared to discuss anything until they replace the phone numbers.

As far as GDPR is concerned the clients have confirmed they wish to stay in contact with me

Do I have a possible action against them that I can use as a tool in our negotiations
Why are the deleted people outraged? They’re still able to contact you, you’re still able to contact the.....

It sounds like you want to leave and take clients with you. If that’s the case I’d be more worried about them taking action against you than vice versa.

Smurfsarepeopletoo

1,012 posts

86 months

Saturday 20th March 2021
quotequote all
What contact have they deleted, personal contacts, or contacts relating to the business?

If its the business contacts, then they will have a right to do that, and should you kick up a fuss about those, they may be in a position to prosecute you for some form of breach of contract, or theft of company property.


Pistonheader101

2,206 posts

136 months

Saturday 20th March 2021
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Ouxh

voyds9

8,490 posts

312 months

Sunday 21st March 2021
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Are you in breach of your terms of employment by using a business phone for personal use.

Always another way to look at issues.

BertBert

21,253 posts

240 months

Sunday 21st March 2021
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Smurfsarepeopletoo said:
What contact have they deleted, personal contacts, or contacts relating to the business?

If its the business contacts, then they will have a right to do that, and should you kick up a fuss about those, they may be in a position to prosecute you for some form of breach of contract, or theft of company property.
They can do whatever they like with their phone. It's just that the OP has "linked" the contacts owing to his or her incompetence.

OP if you've resigned, then you're far better off arguing constructive dismissal than your phone contact stuff.

Bert

Countdown

49,361 posts

225 months

Sunday 21st March 2021
quotequote all
BertBert said:
They can do whatever they like with their phone. It's just that the OP has "linked" the contacts owing to his or her incompetence.

OP if you've resigned, then you're far better off arguing constructive dismissal than your phone contact stuff.

Bert
i think if the issue about him copying all his work contacts onto his personal phone crops up it may cause trouble for the OP from a GDPR point of view.