LEGAL RIGHT TO HAVE YOUR PERSONAL INFORMATION PROTECTED AND UNTAMPERED WITH BY ANY KOODO CUSTOMER SERVICE REP

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  • Updated 5 years ago
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is it within the realm of legality for a koodo representative to either delete personal images or documents from your phone in the process of tranferring your data to a new phone. I ask because i had photographed important legal papers to be used in a court case and a koodo rep deleted them without my knowledge when i placed my trust in them to handle my private data....any comments?
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Richard Paul

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Posted 5 years ago

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Chad Burr, Mobile Master

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Ouch Richard I'm really sorry that happend to you.

One of the problems you sometimes get when moving from one device to another is the new phone will auto format the SD card when it sees there's a new one installed. The rep might not have even thought about that. While it probably wasn't intentional I'm sure, it's a lesson learned the hard way about backing up your data.

Though I can't help you get your files back I can certainly make you aware of ways to AUTOMATICALLY backup the files on your phone.

For Android there is dropbox which can be set to automatically backup selected folders on your device (like pictures) and store them a secure cloud online.

DropBox: https://www.dropbox.com/

For BlackBerry 10 Devices you can use BOX to auto sync your photos and videos whenever there is a wifi connection present. There are also some service that aren't automatic but still allow you to initiate a backup.

Box: https://www.box.com/

Hopefully there is a hard copy of these documents somewhere that you can use to take new photos of.

Hope this helps in some way for the future.
Chad
(Edited)
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mattjs

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Loving the deep integration of the Box App on bb10
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Richard Paul

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Thanks
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Chris Petersens

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Well, it's not really a legal issue, is it? It's always best to save any info on any phone, camera what have you, before handing it over. I'm pretty sure the fellow didn't deliberately delete anything, but in the process of transferring any info sheit happens.. That's technology. Unfortunately. Should have save everything before letting anyone else touch it. Why wouldn't you have downloaded all the info on your computer or a safe spot?
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Richard Paul

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Cause edical issues havemessed up myability to organize well
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Timo Tuokkola, Mobile Master

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Pretty sure once you hand your phone to someone and give them permission to transfer your data you give up any legal rights to the protection thereof. All tech support is at own risk, and it is the user's responsibility to backup important documents.
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Some random Mobile Master, Mobile Master

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"[...] and it is the user's responsibility to backup important documents."

Truer words have never been spoken. I can't wrap my mind around the fact that people won't spend 10 minutes to learn how to efficiently operate a device they carry around with them every hour of the day. They'd rather spend hours, days, to find someone to hold their hand rather than spend minutes DIYing.
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Richard Paul

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Ya i undrstand and learned my lesson
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Richard Paul

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True will be more dillgent in future
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rikkster, Mobile Master

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Well that's strange. I've used (Android) Galaxy S2x formatted microSD cards in a BlackBerry Z10 and it reads the card without issue, no reformat required. Throw the same card in a (Windows Phone8) Lumia 520 and no issues there either. All my files are readable and remain intact.

The reformat message generally appears when installing a brand new microSD card for the very first time in a device. Point I'm getting at, is I think the files were stored on the devices' internal storage and not the SD card. Files don't get wiped by simply removing an SD card from one device and inserting it into another.

For full data migration it's best to use a desktop client; i.e. Samsung Kies, BlackBerry Link, Windows Phone Desktop, etc. Another option would be to turn the device into a usb mass storage device.

Koodo hasn't broken any rules here, it's up to you to safeguard information you feel is important to you. It's a hard lesson learned and I do understand your frustration, if it's any consolation, it's happened to me as well.
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Richard Paul

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Thanks
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Ivan, Mobile Master

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You have no recourse against Koodo (or anyone else in any situation similar to this). Everyone has a "we're not responsible for any data loss" clause somewhere.

Also, I would not recommend keeping important and or confidential data such as court documents on your phone as it can very easily be lost or stolen. I use multiple cloud services for important documents plus redundant local storage plus hard copy. Also, if said documents are confidential, they are not stored in the cloud anywhere, but rather on a local, non-networked machine for security reasons.

Regardless, I'm sorry that this happened to you.
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Moto G

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The leagal issue is between Client and one that lost clients documents to an unauthorized third party.
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Chad Burr, Mobile Master

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When the device was handed to the rep, would that not be considered permission / authorization to access the device?
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rikkster, Mobile Master

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Still no word from the OP, what's up with that?
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Marcus Fenix

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@Stephen: Koodo is not responsible for personal information that is lost on a phone. This includes, but not limited to:

Text messages
Voicemails
Data information saved to the phone
Data information saved to a memory card
Data information saved to a Sim Card.

The responsibility falls upon the customer to remove all sensitive information from the phone and store it in a secure location. This is no different than you leaving a stack of company specific papers laying around and someone going through them.

It is regrettable that this situation happened, but Koodo is not at fault here. I will take a look later through the ToS, but I am almost positive that Koodo is not responsible for any data information that is lost once the customer hands the phone over to a Koodo representative for any type of troubleshooting. Koodo does recommend backing up said information so that it does not end up being lost.

It's no different than having business related information saved on the phone and the phone glitching out and erasing it.
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Richard Paul

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see thanks for heads up
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John Lee

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Well, like what everyone says, "Dang that sucks but you really should of backed up your data first". It's like backing up your hard drives for your computers or whatnot, or making sure you save after you finish typing a paper.
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Richard Paul

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Will do in future
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Paul Deschamps, Mobile Master

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Did you pop the SD card into your computer to see what's on it? Sometimes some phones do not see the same files in the same place & the files could still be on the card but the new device doesn't see them. Either place into your computer and check for files or download a file manager to the phone & do a thorough search of the external storage (SD Card)
Also are you sure the files were indeed on the SD Card & not on the internal storage of the old phone? Do you still have to old phone, if so give it a check with a file manager as well.
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Moto G

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No chad its not permission. If i'm the client and you have my court documents on your phone and you loose the documents, for whatever reason, including giving your phone over to koodo, your on the hook. Lawyers use expensive multiple back up systems to ensure protection ie your last will and testiment hard copy is in a fire resisted safe and there would be 2 certified e-copies somewhere. Whoever gave the phone to Koodo is on the hook, not koodo.
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Sophia, Mobile Master

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Hi Stephen, I am sure none of us are lawyers here, and the ones who are, are not going to spout their knowledge + free advice on these public forums here - there is a reason you pay so many $$$$ per hour for them :D

So, I suggest we all leave the lawying to the lawyers and just concentrate on helping our fellow forum participants with questions we can answer - such as ways to get back lost files etc :)
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Timo Tuokkola, Mobile Master

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What exactly are you arguing then? Everyone on this thread is already in agreement that it's the customer and not koodo who is at fault here.
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Moto G

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Not arguing.
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Richard Paul

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Me neither...thanks for good infoand there is away toback up text messages but u have to do it one at atime....as imagesgo back up is the bestcourse of action...cloud technology is fine but its in its infancy..finda good data backup separate from your computer and use that
..and make sure its a flash drive withno moving parts in case of malfunction..eventually cloud technology will become insecure as hacking becomes more sophisticaed and technology progresses...i a am studying IT so iam awareof this.hoe this helps others with their data secrity needs..thanks one and all for your feedback..peace

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