Reverse Phone Lookup - Illegal?

[jd-uk]

I am abit confused on the legality of this action.

I would basically be using the information publicly released in the phone book but in reverse.

I have came across some statements saying this is illegal, but on what exact terms? Is this a Data Protection Problem?

I am NOT making a reverse lookup service available to the public or anyone else, this is for private use only.

Any help much appreciated

 

[David Griffiths]

I can't see how this is a data protection issue. In any event you aren't the data controller for the telephone directory, but the whole point of the directory is to publish the address and telephone number of subscribers. If they didn't want to be in there, they'd choose the ex directory option.

Personally I can't see any problem with it from any other point of view either. There are plenty of other ways to get the address - Google being the most obvious one - and most businesses are happy to see their contact details being as widely available as anything else.

I don't think that businesses can register under mailing preference services, and also that MPS only applies to bulk mailing

 

[MrTempleDene]

I do believe it's illegal to supply as a service a reverse lookup, certainly the telcos themselves are not allowed to offer the service.

as to you trawling through the phonebooks and doing it yourself, can't see how that would be illegal.

IANAL however

 

[cjd]

Depends what you plan to do with it - it is copyright material.

 

[jd-uk]

cjd - I think this is going to be the main problem. To perform multiple reverse lookups efficiently the address and phone numbers would have to be digitised and extracted into a database. I doubt it makes much difference for copyright law that this information is largely treated as public domain?

Does anyone know if reverse lookups are possible using the PhoneDisc CD?

 

[cjd]

Anything that you want to do with it commercially will be illegal without a licence.

 

[jgwyld]

Reverse phone number lookups are not illegal because all of the information that you can get from a reverse phone lookup is a matter of public record and completely legal.

 

[ken_uk]

Reverse phone number lookups are not illegal because all of the information that you can get from a reverse phone lookup is a matter of public record and completely legal.

No, that is not true.

You do not own the data, you cant just do what you want because you feel like it.

See BT's t&c for the phone book online, specifically this bit

(b) use the Service for Business Purposes except as permitted by virtue of purchasing BT Phone Disc and then only to the extent permissible under the terms of the relevant Phone Disc license;

http://www.thephonebook.bt.com/publisha.content/en/overview/terms_of_use/index.publisha

 

[terroasibal]

well it depend on country to county ..it is completely legal in USA ..not sure about UK

reverse-cell-phone-lookup.net

 

[PI Guy]

Its Illegal in the UK and against the companies t&c's

 

[Investors-Wanted]

It's illegal to give out exdirecrectory information as this would be a breach in data protection as the number subscriber have given instruction to withhold the number.

If it was illegal to search for a telephone number, you would not be able to do in search engines.

 

[shellyagal]

It’s always better to use a website that provides paid reverse cell phone lookup services; since it needs a lot of money to maintain a proper cell phone number database. And, so those who claim to conduct cell phone lookup at free of cost are all bogus; they charges money afterward. There are several sites that provide the most reliable fast and accurate result for minimum charges. You may use AAfter to get a comprehensive list of such sites. Just put the number in the search box and get it done.

 

[JElder]

Yup - in the UK using a phone number to look up subscriber details is currently illegal - at least for the directory owners. The purchased product and online tools block you from doing this. Don't know, but probably in one of the Communications Acts.

If, however, you had a list of contacts, you can use a number to find a contact. This is then getting into Data Protection Act issues - you need permission to store these details from the individuals.

If you have a list of data, it is often supplied under a licence that says what you can and cannot do with it, so check that to see what you are allowed to do. Of course, if it is only use internally, it is unlikely that anyone would know you are mis-using it.

 

[confused72]

I am abit confused on the legality of this action.

I would basically be using the information publicly released in the phone book but in reverse.

I have came across some statements saying this is illegal, but on what exact terms? Is this a Data Protection Problem?

I am NOT making a reverse lookup service available to the public or anyone else, this is for private use only.

Any help much appreciated

A popular 'data research' company did this years ago and got slammed, with the data format being banned.

Although a telephone number on its own is not classed as personal data, when the results of the search were added, it was classed as personal data, as personal information was attached to it.

It was seen (if I remember correctly) that the only reason the data format was made available was to aide someone in obtaining data in a way which was obtrusive, underhand or unwanted by the target themselves (ie it is not common practice).

HTH

 

[NWBUS]

Yes, illegal...

 

[UKSBD]

Apologies for dragging up an old thread, I've tried asking a similar question in a few places but never get a real answer.

Can a directory, like Yell for example, provide a reverse search facilty where someone enters a telephone number in to a search box and the search facility goes through a column in a database and returns the business whos number it is?

Where would I get a definitive answer to a question like this, would it be a question for the ICO, OFCOM or somewhere else?

 

[cjd]

Reverse lookup isn't allowed in the UK; it's covered by the Communications Act and is only available to the emergency services.

There's no reason that I'm aware of for a private directory not to provide a reverse lookup so long as it's explicit in their terms and conditions.

I suspect that if Yell could have legally produced a reverse look up, they would have done - it's a trivial technical task and an obviously useful service to provide.

 

[UKSBD]

I suspect that if Yell could have legally produced a reverse look up, they would have done - it's a trivial technical task and an obviously useful service to provide.

Yes, that's exactly what I thought.
I'm absolutely amazed that Yell don't provide something like this (or one of the other big directories) so can only assume they don't for legal reasons.

Do you know where would I have to ask to get a definitive answer?

 

[Parrot Hosting]

If you read BT's T&C's you would believe them immune from every law in the country. There are plenty of instances where their terms fall foul of the law but work on the basis of 99% of people would read their T&C's and think its not possible.

My view would be to collect the data from multiple sources and not be dependent on just one. Most of my reverse lookup's tend to be businesses and if they publish their phone number on the web its accessible. If they put their details into any online directory its accessible.

Private numbers are a different ballgame.

 

[cjd]

Do you know where would I have to ask to get a definitive answer?

Ofcom would be your starting point.

 

[VeryMark]

There is nothing so far as I am aware to stop you Googling to make a reverse phone lookup for private use.

Simple name/address/telephone details for a single entity are also unlikely to qualify for copyright in my opinion although the whole telephone directory database will be protected both by virtue of copyright and the new database right and copying an extract from it which constitutes a substantial part will infringe.

 

[UKSBD]

There is nothing so far as I am aware to stop you Googling to make a reverse phone lookup for private use.

Simple name/address/telephone details for a single entity are also unlikely to qualify for copyright in my opinion although the whole telephone directory database will be protected both by virtue of copyright and the new database right and copying an extract from it which constitutes a substantial part will infringe.

Thank you, I think you're missing my point though.
I'm not asking about using anyone elses data

I'm asking if a directory (yell just as an example) are allowed to provide a reverse phone search facility using their own data.

 

[VeryMark]

Apologies, I just saw copyright mentioned ....

......... but it appears to me the answer may be in the Privacy and Electronic Communications (EC Directive) Regulations 2003 - see pages 17/18 of Part 2 of the Guidance notes here.

 

[UKSBD]

Thank you.

7.2 appears to answer my question, but as they are business listings would 7.3 override 7.2?

 

[cjd]

Corporate ain't the same as business and, even if it was, just being business doesn't necessarily exempt you. As far as Ofcom and various chunks of their regulations go, a business with up to 10 employees is classed as a consumer.

The bottom line is that you can't do it without consent which is why it's not done already.

 

[UKSBD]

Corporate ain't the same as business and, even if it was, just being business doesn't necessarily exempt you. As far as Ofcom and various chunks of their regulations go, a business with up to 10 employees is classed as a consumer.

The bottom line is that you can't do it without consent which is why it's not done already.

(oops, sorry, just clicked "remove thanks" instead of the quote button)

If a directory owner added something to their terms and conditions specificaly and very clearly mentioning that numbers can be used in a reverse search facility, and had a check box saying people agreed to terms and conditions when registering, would that be seen as good enough for gaining consent, or would they need more specific written consent before being able to do it?

I assume they would also have to set up a procedure to insure the person giving consent is the persons whos number it is too?

This is probably why directories don't do it now, but had they gained all the necessary permisions when compliling the initial data, it could have been a great service for someone like Yell to provide.

 

[cjd]

It seems that the only way would be to get a clear consent for each entry. A positive acceptance by the number owner, not just a tick box accepting general T&Cs

 

[UKSBD]

It seems that the only way would be to get a clear consent for each entry. A positive acceptance by the number owner, not just a tick box accepting general T&Cs

I wonder if it is practical for the big data companies to start compiling the correctly consented data to provide a service like this?
Could be a good service to provide.