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Legality


joeypesci
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Just curious to know what the legality is, of getting a phone off ebay, restoring the wiped SD card that wasn't security wiped, then dumping the images and phone numbers found, on the Internet? Don't really want a debate about the morality, just if anyone knew the legality of this? In the UK.

Possibly looking to right up an article or blog post on this subject.

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Cant see that being illegal in anyway. Although it would be rude.

Make sure that when you purchased it you didn't tick any NDA's or agreements that prevent you from doing such.

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Just curious to know what the legality is, of getting a phone off ebay, restoring the wiped SD card that wasn't security wiped, then dumping the images and phone numbers found, on the Internet? Don't really want a debate about the morality, just if anyone knew the legality of this? In the UK.

Possibly looking to right up an article or blog post on this subject.

If you are going to do this blur out faces and censor personal information. It will still get this message across and there will be no way the owner could sue you over it. I know someone who attempted something similar and got sued for "harming the persons image or causing emotional damage ". Be careful ;)

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That's something I would not risk. I would make sure, I did not include the memory card, or would buy a new one as a replacement.

For the physical memory, I would try to run some kind of software to destroy any evidence.

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I'm assuming you already purchased said phone and retrieved the data? Because why else would you ask..lol

I would say that there probably isn't going to be an issue posting numbers with names. Faces maybe, but phone numbers, even non-listed numbers can be looked up with various services, and most of these are probably in the white pages anyway unless they are all cell users, which there are also services to find users online(although usually pay for services). If you bought this and the data was on there, then you kind of own that data to an extent, but there might be privacy laws against posting the pictures. You could argue the person who owned the phone gave up their reasonable expectation of privacy since they willingly gave you the data on the card with the purchase of the phone (although it might have been stolen).

At the end of the day, consult a lawyer before making any decisions. We aren't qualified to speak on the law, so this is all matter of opinions. Unless you are a lawyer, its all speculation, and even with laws that might go after you, a good lawyer might be able to argue against the reasonable expectation of privacy since the data was given to you with the device purchase.

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Article would be on the perils of selling on your phone with the SD card included. And the perils of attempting to rip someone off when you sell that phone with the SD card included, wiped but not security wiped.

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  • 4 weeks later...

Article would be on the perils of selling on your phone with the SD card included. And the perils of attempting to rip someone off when you sell that phone with the SD card included, wiped but not security wiped.

I would blur out the faces and the first three digits of any numbers you retrieve (plus part of the last name). You wouldn't run into any issues posting the information then.

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