Privacy

• telephone companies failed to block Calling Number Display (CND)
  
• company representatives failed to protect personal information by not checking the identity of callers before giving information or changing account details
  
• telephone companies failed to deal with unwelcome (nuisance and persistent telemarketing calls) and life-threatening calls
  
• complainants have received unwelcome telemarketing calls from TIO members
  
• telephone companies failed to provide a silent number after a customer asked for one
  
• a carriage service provider/internet service provider is spamming its own customers or has not provided adequate advice/assistance about preventing spam.

Q: What kind of privacy complaints is the TIO unable to handle?
A: Complaints regarding:

• the TIO regularly receives complaints from people who say another telephone company has obtained their personal information. Telephone companies are allowed to share personal information for billing purposes if it follows specific legal guidelines. Therefore, unless there appears to be some breach of the guidelines, the TIO cannot investigate complaints of this nature.
  
• Telemarketing calls are not classified as “unwelcome calls” and are out of the TIO's jurisdiction. The exceptions are:
1. Where a complainant has specifically requested a silent line and their personal details appear to have been released by their telephone company to the telemarketer. The TIO refers breaches of privacy by a third party to the telephone company or relevant government agency for investigation. (see Q: Can I stop telemarketing companies calling me if I have a silent number?)
   
2. Where the same company calls persistently AND does not respond to requests to stop calling, then the complainant will be referred to their telephone company for investigation under the standard unwelcome call procedure; and to the Australian Direct Marketing Association (ADMA), so a customer can ask for their details to be removed from the contact lists of ADMA members.
   
3. Where the telemarketing calls are coming from the customer's own service provider. In this case the TIO will refer the complainant to customer service/a senior level of complaint so they can ask for their contact details to be removed from internal marketing lists.
   
• Allegations of SPAM that do not relate to a carriage service provider or internet service provider.

Q: If the TIO is unable to help me with my complaint, who else may be able to assist?
A: The Office of the Federal Privacy Commissioner (www.privacy.gov.au) may be able to assist you if your complaint concerns the following issues:

• personal information that is handled by Federal and ACT government agencies
  
• information about your credit-worthiness held by credit reporting agencies and credit providers.

The Attorney-General’s Department or equivalent state departments or the Australian Federal Police may be able to assist if you believe your telephone calls are being listened to, taped or intercepted without authorisation.

Q: What rules govern telecommunications companies with regard to privacy?
A: The Telecommunications Act 1997 contains a number of provisions dealing with the privacy of personal information held by telecommunications companies.

• Part 6 covers the development by the Australian Communications Industry Forum (ACIF) of industry-wide codes to protect consumer privacy. These codes are voluntary in the first instance, but breaches can be enforceable by the Australian Communications and Media Authority (ACMA). The following codes concerning privacy issues can be viewed and printed from the ACIF website (www.acif.org.au).
  
1. Protection of Personal Information of Customers of Telecommunications Providers. This Code was DEREGISTERED in December 2002 when the National Privacy Principles were introduced. However, the Federal Privacy Commissioner is happy for the TIO to continue to collect data on the code in order to ascertain whether there is a need for an industry code in this area.



2. Integrated Public Number Database (IPND) Handling of Life Threatening and Unwelcome Calls.
   
3. Calling Number Display.
   
• Part 13 sets out strict rules for telecommunications companies in their use and disclosure of personal information.
  
• See the Privacy Commissioner's website for more general information on Australia's privacy laws, especially the Privacy Act 1988. ACMA also publishes a consumer fact sheet, Privacy and Your Telephone Service (http://www.acma.gov.au/ACMAINTER.2883838:STANDARD:713294425:pc=PC_1686).

Q: Can I ask for my personal information to be removed from a company's database, for instance if I have been transferred to the company without my authorisation or if I have left a company?
A: No. Companies can obtain personal information legally (from your former telephone company) for billing purposes. They are obliged to keep all details relating to billing for up to seven years, for taxation and auditing purposes. They must keep this information even if your bill is waived because it confirms that you did not authorise a transfer to the company.

However, the company should not use this information for any purposes other than billing. For example, the company's telemarketers should not use your personal information to sell you its products and services.

Q: Can a company who is not my chosen telephone company bill me for an information/international call (even if I have a silent number)?
A: Yes. Sometimes your choice of telephone company is overridden by agreements between information service providers and international telephone companies. In these cases, you may be billed by another telephone company, and they are allowed to have your number (even if it is silent) and personal information for billing purposes.

Q: Can I stop telemarketing companies calling me if I have a silent number?
A: No. A lot of telemarketers dial numbers at random.

Q: Can the TIO assist me to stop unwelcome calls?
A: Your telephone company must have a standard procedure about handling unwelcome calls. The TIO will refer you to the relevant area or a senior level of complaint in your telephone company.

Q: Unwelcome calls to my number have been traced to the telephone leased by another telephone company's customer? Can the TIO help me with a communication problem between my company and that person's company?
A: The TIO may be able to assist communications between the two companies by ensuring that standard procedures are followed correctly and that ACIF Codes (http://www.acif.org.au/) have been complied with.

Q: Can I get the name and number of a person making unwelcome calls from my telephone company?
A: No. The TIO will refer all queries about unwelcome calls to your telephone company for investigation, but you will not be given information about the calling party if and when calls are traced back to them. Instead, the telephone company can send a warning letter to them and/or the police can initiate appropriate action. If you are a Telstra customer you can apply for information about the caller under Freedom of Information legislation, but the result of your application will depend on the caller giving permission for their name to be given to you.

Q: Can I be compensated if investigations reveals that my request for a silent number was not acted on by my telephone company or my silent number has become publicly available because of company error?
A: The TIO will refer you to the relevant part of the company to negotiate compensation arrangements. The outcome will depend on an assessment of the possible or actual consequences of your silent number becoming public.

Q: Is my telephone company obliged to investigate and assist me if I keep getting calls for the people who used to own my telephone number?
A: Only if the company has not followed its procedures for old numbers. Usually numbers that used to belong to somebody else are held in “quarantine” for six months. If you are allocated that number after the quarantine period and continue to receive calls for the previous lessee, you will either have to put up with such calls, block them (if you know the number of the calling person) or change your number.

Q: How can the TIO help if I believe someone who works for a telephone company is making unwelcome calls (not telemarketing calls) to my telephone service?
A: If you can provide information about the calls, the TIO will refer you to the senior level of complaint in the telephone company. In the experience of the TIO, telephone companies take such allegations very seriously.

Q: How can the TIO help resolve my complaint about a representative of my telephone company revealing that they know my personal details, even though I have a silent number?
A: Representatives of your telephone company should observe your request to suppress your personal details. The TIO can investigate whether or not the company has followed its own policy about protection of this information.

Q: Why should I have to pay for my silent number?
A: It is a business decision of your telephone company to charge for this service. There is no obligation on phone companies to provide silent numbers for free. Therefore, complaints about this matter are out of the TIO's jurisdiction.

Q: Can my silent number show on the electronic White Pages or on other people's display screens or bills (for example, on lists of frequently called numbers), or be available through the *10# function on my telephone?
A: Your silent number should not show in any of these ways. The TIO usually refers complaints about silent numbers being disclosed to your telephone company for investigation.

Q. What can I do if I have my telephone number is seen (or found out using *10#) by the people I call even though I have blocked the Calling Number Display feature on my phone?
A: The TIO will refer your case to your telephone company for investigation. We can take up your complaint if you are not satisfied with the company's response.

Q: How can the TIO help me if I think my telephone is being tapped or bugged?
A: The TIO will refer you to your telephone company to check if there are any unauthorised devices on the line. If a check reveals no irregularities, you can choose to pursue the matter further through your state legal agency or federal Attorney-General's Department. This matter is outside of the TIO's jurisdiction.

Q: Can a company record the call I make to them or they make to me?
A: Yes. Companies can monitor or record your call, if you are advised of this. The company representative should advise you of this before the conversation starts.

Q: Will a company stop recording my call if I ask it to?
A: A company does not have to stop monitoring or recording your call even if you ask it to.

See also Frequently Asked Questions about Privacy and the Internet

Last updated: August 2005