There have been several cases in Germany of people's accounts being locked, because other users haven't paid there bills.

An example was given in the last issue of c't. (2010 01):

Walter H had been a long-time customer by Amazon and decided to replace his ageing computer. He found a suitable offer in the Amazon Marketplace and placed an order.

At first, the order seemed to run according to plan, he received an order confirmation. A couple of days later, however, he received an email stating that the order was put on hold and his account frozen, because another account hadn't paid an outstanding invoice.

Walter H. wrote a reply to Amazon, stating that, as far as he was aware, he had paid off all invoices and didn't have any secondary accounts. As his account had also been frozen and he couldn't log on, he couldn't check to see which invoice was outstanding. Amazon stated that, due to data protection laws, they couldn't give him information about the account that had the outstanding invoice. Further they asked him to be patient.

A week later, his patience ran out and he wrote another email. Due to data protection, Amazon couldn't give him any information. He then rang and the telephone support operator let a little information slip. He still didn't know who the account belonged to, but he thought it was probably the boyfriend of his daughter. His daughter (30) had moved out several years earlier and lived in a different district. As far as he was aware, the boyfriend didn't have access to his account.

After a bit more back-and-forth, Amazon then broke the data protection laws and actually mentioned that the account that still had an outstanding invoice belonged to Achim C. (the daughter's boyfriend).

On data protection grounds, Amazon refused to specify how they had managed to get a connection between Achim C. and Walter H. let alone why they would lock Walter H's account, when Achim C. hadn't paid an invoice - under German law, that isn't covered by data protection (that is the storage and distribution of personal data) but comes under how they use the data, which isn't covered.

Walter H. eventually turned to the press and after a television programme got involved, Amazon released his account. But they still refuse to state how they managed to bring the two accounts together or why they locked Walter H's account, even though he had paid all of his invoices...

I've had a couple of personal experiences of the DPA being used to protect criminals from legal action. It makes me very angry.

To paraphrase:

"You've been f*cked over by some c*nt"
"Who?"
"Can't tell you - data protection act."

I had to involve ofcom in one case, and I still don't know who the criminal was. My account was reimbursed, but I'd really like to sue the criminal for my aggravation. I can't because it's against the law for anyone to tell me who they are. It's times like that when "alternative justice systems" look appealing. I'm pretty sure my friend's Mafia contacts could track them down and break their legs, but I'm not sure I want to follow that route.

Surely you could get some sort of court order to have their identity revealed? I have no idea, but that seems like the way to go.

How much would that cost? We're talking about overturning the DPA. I have absolutely no idea where to even begin, and for the sake of maybe £100 compensation that I'd be after I'm pretty damned sure I can't afford that kind of justice. Street justice is very much less expensive.

Current Prices according to my "friends":

Beating - £500
"Disappearing" - £50

So yes, unfortunately, Street justice is cheaper.

Well assuming that the County Court had such a power (again I don't know), that'd be £30.

I think that it would require a Crown Court.

Not sure though.

Hm, will be interesting to find out. We have a CPS bod at Uni., I'll try and ask him next week.

LOL, as long as it's for your own enlightenment. My experience annoyed me greatly, but it was many years ago and such a petty thing is not worth following up now.

However, it did leave me with a pathological distrust of the DPA. I mean seriously, when it's my account and my money surely I have the right to know who's trying to take over the account?!