eBay breaches privacy laws

[cq_tech]

2 days ago I received email notification from eBay that they had divulged my personal details to one of my previous buyers. Now that would be OK if they were currently involved in a transaction, but this particular buyer had purchased an item from me at the beginning of last month, immediately left me malicious and intentional negative feedback (which was later removed by eBay on appeal) and the transaction was concluded just on a month ago.

I immediately rang CS and was told that this shouldn't have been allowed to happen and the rep was horrified and apologised profusely. The rep then lodged a report and started an investigation into both the circumstances under which this had occurred, as well as the buyer concerned because under eBay's own User Agreement she had no right to be given my personal information. I was also told to report any form of harassment by this person, in which case further action would be taken.

I also wrote them a scathing complaint about their appalling lack of security and received this reply (salutations removed)...

Thanks for your email about the message that the buyer is asking for your contact details.

Buyer has the option to ask for your contact information if there's an existing transaction between you and your buyer. It is a common practice for your trading partner to ask for your information since this is an online business.

If you don't want to communicate with your buyer, you can just block the buyer and ignore their messages. If you will receive any harassing  emails from the buyer, please don't hesitate to contact us and we can help you in investigating the buyers account for any eBay Policy violation.

I replied immediately, pointing out once again that the transaction had been concluded a month ago and that they had no right to pass out my personal details to somebody who clearly had no need for them, other than to harass me, and received the following virtually unintelligible response...

Thank you for your email. We make sure that We still be able to hold the request an secure your privacy. We immedeately (sic) take an action. We apologize for inconvenience.

"We apologize for inconvenience" indeed! Well that's pretty bloody big of them, don't you think? As you can imagine, I'm really angry with eBay at the moment and am very much inclined to take the matter further, but in the mean time, I think it's very important that all sellers out there should know that their privacy means absolutely nothing to eBay, and they're quite happy to breach both their own User Agreement and the Australian Privacy Laws.

[cq_tech]

Not really. It is all explained quite clearly in my OP. The only thing I guess I didn't make quite clear was the fact that it was a cancelled transaction and the buyer's payment was refunded and no item was sent. It was an unwelcome purchase with the specific intent of leaving negative feedback, which is indeed what happened, but because of the circumstances, was removed by eBay on appeal.

This is the reason the buyer wants my personal details. She was pretty annoyed that the neg was removed and obviously bears a grudge. I have already been told by eBay that if she sends me harassing emails or attempts any other form of retaliation, to report her to them and they will take further action.

Refer to Clarry's post above yours which refers to the very same buyer. She has already sent him harassing emails even though he never accused her of any wrongdoing by name. Now this person has not only my email address, but my home address and phone number, as well as google images of my home, so perhaps that will help you to understand why I'm so bloody annoyed with eBay right now.

[harley_babes_hoard]

Yes it helps to write all of the details, because I am not privy to other information that clearly you and some of the others posters know about this "buyer" and knowing this certainly changes the post and why you are upset.
I can understand it now and agree. Thanks

[cq_tech]

I'm sorry to hear about your issues with this particular person Clarry. I was well aware of what you'd been through as a few of us had discussed it via PMs, and I'm sorry to hear that eBay were no more helpful to you than they were to me. As far as I'm concerned, eBay have dropped the ball on this one big time, as they had no right to release my personal information to her.

I've already discussed the issue with eBay via 3 emails, all of which received similar responses to yours. However, as I mentioned earlier, I also spoke with CS and the rep agreed that eBay had done the wrong thing and an investigation has been started. Well that's just not good enough as they've knowingly breached their own User Agreement as well as the Law, and I intend taking this as far as is legally possible.

[clarry100]

My issues with this particular person seem to pale into insignificance as compared to what you are going thru.

So far she has made a few angry threats about legal action against us or our company along the lines of slander as she believes the post I made earlier about an unnamed scammer was directed at her. Maybe she feels guilty about something?!

She also went on to say that she has already instigated legal action against another board member (who she named in the message). I since checked with that member and no such action is occurring.

Even if she did take action against us it's baseless as we have made no such accusations. Trouble is we would have to outlay funds in order to defend ourselves against such a threat.

IMHO this person needs to be permamently banned fom these boards and NARU'd from ebay permanently (including any future IDs at the same address).

We don't need this kind of person in the ebay trading community.

[lyndal1838]

Try the NSW Privacy Commissioner CQ.....ebay is bound by NSW Law in general so that should include NSW Privacy Laws.

[cq_tech]

Absolutely agree with you Clarry that she should be NARU'd from eBay permanently on both of her current IDs, but I'd go a bit further and suggest that we don't need or want that sort of person in Australia. Ever since coming to the boards, she's done nothing but make threats and intimidate and insult other members, even attempting to buy from them with the intent of leaving negative feedback (in one case succeeding, although that neg was ultimately removed) and a lot of people breathed a collective sigh of relief when she was banned from the discussion boards. One can only hope that the ban is permanent.

[cq_tech]

Top idea, Lyndal. Looks like I have a few emails to write and/or phone calls to make today. Many thanks for that.

[i-love-my-sheep]

Yes, I'm still waiting for my official legal papers to turn up informing me when I have to front up to court in WA somewhere. I'm wondering how on earth she is going to get my address to send such legal papers. If eBay give them to her then I will also be taking action against them. I will sue them for enough whereby I can retire early.

I hope she is reading these forums and not be able to reply due to a permanent ban. At least then she'll know that we're onto her and know there's not a damned thing she can do about it. She can try her hardest as far as I'm concerned, but she will come out the loser in all this.....along with eBay.

[shearsntones11]

I feel your pain.

 This week the exact same thing happened to me. The email informed my that my name, suburb and home telephone number had been given to a person I blocked nearly one year ago (I think for non payment). I was horrified, as I have an unusual name and live in quite a small suburb. It would take about 30 seconds to find out my home address from the white pages. Before I messaged eBay, I went to my personal details on my account to delete my home number and substitute it for my mobile number. My home number was not listed on my personal details. 

I emailed eBay to complain about the breach of privacy, my concern that somebody I blocked now had access to my home address and my inability to edit my details - and they basically said 'bad luck, you agreed to our terms and conditions', but she gave me the steps to remove my phone number from my account. I then messaged back to her to say that was ONE of my problems - that I couldn't remove my number. Back comes a message from someone else who says 'they can't get my phone number to remove it because of 'privacy concerns'!!!!!!!!!'

I email back to say 'you can give my personal details to a person I've blocked and who I haven't had dealings with for nearly a year, but you can't remove my phone number on my authorisation because of PRIVACY!!!!' What's going on????

someone else messages me back and the brilliant suggestion from 'Mariel' was that I could 'change my phone number if you like'!!!!

what!!!

i got back again and said 'remove my number from my account, and if you can't do it go higher and find someone who can' 

so far, no reply. 

This is an absolute joke. 

[davewil1964]

I'm sure cq has resolved his angst in the last year. After all he hasn't been back here but has posted on other threads in that time.