wraggster
April 27th, 2011, 18:37
Sony's PSN terms and conditions suggest the company isn't liable for the loss of customers' personal information.
As spotted by Edge (http://www.next-gen.biz/news/sony-tcs-claim-no-liability-for-data-loss), the firm's T&Cs read (http://legaldoc.dl.playstation.net/ps3-eula/psn/e/e_tosua_en.html): "We exclude all liability for loss of data or unauthorised access to your data, Sony Online Network account or Sony Online Network wallet and for damage caused to your software or hardware as a result of using or accessing Sony Online Network."
http://cdn.medialib.computerandvideogames.com/screens/screenshot_252751_thumb300.jpg (javascript:screens_popup(252751);)
However, the Information Commissioners Office, an independent UK authority set up to uphold information rights in the public interest, told the site: "While we are unable to say where the data is being stored at present, if it was in the UK, this clause would not free them from their obligations under the UK Data Protection Act.
"If we found a breach, one of the actions we could take would be to issue an undertaking, which is an agreement between the ICO and the company that if they are handling personal information they have to bring about set improvements in order for them to be compliant with the act."
The ICO added: "If the company is not compliant with the act within a certain time limit, further action would be taken and we might consider an enforcement notice or issue a monetary penalty. For serious breaches of the act, we can issue a monetary penalty up to £500,000."
The PlayStation Network has been out of action for a week (http://www.computerandvideogames.com/299454/news/playstation-network-down-for-seventh-day-sony-hopes-to-restore-it-within-a-week/) following a security breach that has resulted in the theft of customers' personal data (http://www.computerandvideogames.com/299443/playstation-network-down-time-credit-card-breach-only-understood-yesterday/)
http://www.computerandvideogames.com/299537/playstation-network-down-time-sony-tcs-claim-no-responsibility-for-data-theft/?cid=OTC-RSS&attr=CVG-General-RSS
As spotted by Edge (http://www.next-gen.biz/news/sony-tcs-claim-no-liability-for-data-loss), the firm's T&Cs read (http://legaldoc.dl.playstation.net/ps3-eula/psn/e/e_tosua_en.html): "We exclude all liability for loss of data or unauthorised access to your data, Sony Online Network account or Sony Online Network wallet and for damage caused to your software or hardware as a result of using or accessing Sony Online Network."
http://cdn.medialib.computerandvideogames.com/screens/screenshot_252751_thumb300.jpg (javascript:screens_popup(252751);)
However, the Information Commissioners Office, an independent UK authority set up to uphold information rights in the public interest, told the site: "While we are unable to say where the data is being stored at present, if it was in the UK, this clause would not free them from their obligations under the UK Data Protection Act.
"If we found a breach, one of the actions we could take would be to issue an undertaking, which is an agreement between the ICO and the company that if they are handling personal information they have to bring about set improvements in order for them to be compliant with the act."
The ICO added: "If the company is not compliant with the act within a certain time limit, further action would be taken and we might consider an enforcement notice or issue a monetary penalty. For serious breaches of the act, we can issue a monetary penalty up to £500,000."
The PlayStation Network has been out of action for a week (http://www.computerandvideogames.com/299454/news/playstation-network-down-for-seventh-day-sony-hopes-to-restore-it-within-a-week/) following a security breach that has resulted in the theft of customers' personal data (http://www.computerandvideogames.com/299443/playstation-network-down-time-credit-card-breach-only-understood-yesterday/)
http://www.computerandvideogames.com/299537/playstation-network-down-time-sony-tcs-claim-no-responsibility-for-data-theft/?cid=OTC-RSS&attr=CVG-General-RSS