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.

[daddykool-123]

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@clarry100 wrote:

Well I would encourage you to take this one as far as is legally possible.

I have been sent a harassing and angry message (thru ebay messaging) from the very same buyer and she has never bought anythng from us. I now have blocks in place with at least two user IDs I know about.

She saw a post I put on the boards a while back about a scammer we encountered (which was not her) and has apparently assumed that it was about her. Nobody was named in my post which is in line with boards policy.

I have reported the message to ebay but just got back the standard pre-canned response.

I wish you the best of luck in all this BTW.

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The last time I gave a personal opinion, it was torn down quick smart.
i will therefore stick to facts.

U.S. V Olmstead – A precursor to Stopping the Violation of Privacy.

Louis Brandeis - American lawyer and associate justice – Supreme Court of the United States.
Champion of the people. Anti-Monopoly.  On descent from this case he stated:

"Embedded in the Constitution is a right to privacy. The greatest dangers to Liberty lurk in insidious encroachment to men of zeal. Well meaning, but without understanding. To declare that, in the administration of the law that the end justifies the means. To declare that the Government may commit crimes in order to secure the conviction of a private “criminal” would bring terrible retribution.”

Shortly afterwards, these became amendments to the Constitution.

Regardless of the formality of of the request, eBay may NOT give your details to the ATO!

If they do, they may violate law by violating your right to privacy, possibly opening themselves to a slew of lawsuits.

Where is our champion?

DK

[imastawka]

Isn't that the American Constitiuton?

Which doesn't apply in Australia?

[davewil1964]

Maybe DK thinks the American Constitution applies to us, or that ours is a direct copy.

Neither applies, DK.

[lyndal1838]

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@daddykool-123 wrote:

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Regardless of the formality of of the request, eBay may NOT give your details to the ATO!

DK

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Want to bet?

Have you tried arguing the point with ebay or the ATO yet?

What do they say?

[k1ooo-slr-sales]

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@daddykool-123 wrote:
Regardless of the formality of of the request, eBay may NOT give your details to the ATO!

If they do, they may violate law by violating your right to privacy, possibly opening themselves to a slew of lawsuits.

Where is our champion?

DK

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Regardless of the formality of of the request, eBay may NOT give your details to the ATO!

I don't think they have any choice, if asked for the information they have to comply.

Where is our champion?

DK, please test this out to the full extent of the law and be our champion.  I am sure there would be plenty of sellers who would cheer you on as you take on not only eBay but the ATO.

You have posted here on the boards about a "ATO requests" and the fact that "eBay don't have to comply with a request" often enough that we all get that you feel very strongly about this, certainly more strongly than any other poster at the moment . .  so you are the obvious pick to be our champion.

[daddykool-123]

No.
Yes.
TBA

[daddykool-123]

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@lyndal1838 wrote:

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@daddykool-123 wrote:

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Regardless of the formality of of the request, eBay may NOT give your details to the ATO!

DK

---

Want to bet?

Have you tried arguing the point with ebay or the ATO yet?

What do they say?

---

1. No

2. Yes

3. TBA

DK

[daddykool-123]

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@imastawka wrote:

Isn't that the American Constitiuton?

Which doesn't apply in Australia?

---

Doesn't it?
So what you're suggesting is that the right to privacy only exists there?
So what you're suggesting is that it's not applicable anywhere else?
I gave the quote verbatim in the simple understanding that it was as valid on Mars as well as the U.S. or anywhere else.
Yes, Australia does have a Constitution too.

DK

[daddykool-123]

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@k1ooo-slr-sales wrote:

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@daddykool-123 wrote:
Regardless of the formality of of the request, eBay may NOT give your details to the ATO!

If they do, they may violate law by violating your right to privacy, possibly opening themselves to a slew of lawsuits.

Where is our champion?

DK

---

Regardless of the formality of of the request, eBay may NOT give your details to the ATO!

I don't think they have any choice, if asked for the information they have to comply.

Where is our champion?

DK, please test this out to the full extent of the law and be our champion.  I am sure there would be plenty of sellers who would cheer you on as you take on not only eBay but the ATO.

You have posted here on the boards about a "ATO requests" and the fact that "eBay don't have to comply with a request" often enough that we all get that you feel very strongly about this, certainly more strongly than any other poster at the moment . .  so you are the obvious pick to be our champion.

---

I have tried it seems, in vain, to bring an important issue to light. For the benefit of ALL sellers.

I have received plenty of criticism.

There are plenty of people pouring their time into raising negative points, but not a single member providing a single positive one.

This is what will happen:

- eBay WILL give the taxman what he wants anyway.

- The ATO WILL drop the so-called sales reporting figure further.

- Eventually, ALL eBay sales will be linked to the ATO through myGov software.  Then, the taxman will know automatically the sales amount you made.

Yet, I'm the only one who sees fault with this?

[pennyforum14]

daddykool-123 wrote:

This is what will happen:

- eBay WILL give the taxman what he wants anyway.

Yep, so does your employer if you are a paid worker, it's called a group certificate and they have to send one to the ATO for EVERY employee regardless of how much or how little they earn.

- The ATO WILL drop the so-called sales reporting figure further

Speculation on your part, but entriely possible, given (as I said above) employers are required to report on ALL earnings of employees.

- Eventually, ALL eBay sales will be linked to the ATO through myGov software.  Then, the taxman will know automatically the sales amount you made.

Again, speculation, and this one I sincerely doubt, the sheer logistics of managing that much data would be prohibitive with the current policies of reducing the cost of government.

Yet, I'm the only one who sees fault with this?

Can't speak for anyone else, but I gave up wearing tin foil hats some time ago, they make may scalp itch.