General Forum Security and Laws

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6 Apr 2016
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Hi All

So ive been contacted by my cousin this weekend (as I'm he "in the know" about IT apparently....well I'm not but that's by the by) for some advice.

So whats happened....hes a member of a forum and has been posting/trolling on some threads regarding a certain person (lets call him X)who has no access to this particular forum....stupid boy.

In a weird twist of fate, on a particular thread he was outted or supposedly outted as a person....who some forum members thought he was. Only a first name....but he obviously denied it was him. As it actually wasn't. For eg one of the threads he was commenting on "X" the member of the gym (the one hes trolling) regarding his roid usage....when another poster stated "yeah ok John"...we know its you "John" etc (ive seen the posts).

My cousin then genuinely denied he was John....of which of course everyone jumped in stating "yeah alright John, we know its you".

Well unbeknown to my cousin there is another guy who he doesn't know called John who attends the gym.
This trolled member, goes into the gym, looking for the John he thinks it is, as hes been tipped off by someone to look at the forum.
Luckily this John wasn't about.

John was then informed of this, was very upset, spoke to the gym owners to sort this out/investigate.

This then prompted the Gym owner to get involved and asked for the forum to investigate who the username was and to then sort it out once they found out.
They did and found out it was my cousin....contacted him and let him know they knew and informed John who was on the forum under that name ie my cousin.
So inadvertedly my cousin through his stupidity has got into trouble, albeit he probably deserves it, a mad twist of fate has meant "X" has got the wrong person, an innocent person, but my Cousin didn't know John and wasn't believed on the forum.

My question is, has the Gym owner breached any data protection laws here...ie giving John the details once they have obtained then? as again this surely could spiral out of control if John then doesn't realise the whole story behind this twist of fate....plus if John also then discusses information with X (as I believe they will be meeting up as X feels bad now for "going to look for the wrong person").

I can understand that I believe the Forum Mods have the right to give the details to the Gym owner, but then after this where does the law stand with distribution?

I fear for my cousin, even though he has brought it on himself, hes a young, naïve lad and his banter isn't great at best.

Oh and "suck it up" etc, I'm expecting, but genuine information is of more benefit please. As an impartial person, trying to help family.


Executive summary

1: Cousin was on a gym forum talking smack about "X" for roid use.
2: People on gym forum mistake Cousin for a guy called "John".
3: People on gym forum tell "X" that "John" is talking smack about his roid use.
4: "X" flies into roid rage and goes to gym to confront the actual "John".
5: The actual "John" find out whats going on and complains to Gym.
6: Gym complain to forum.
7: Forum admins look into it and tell Gym who Cousin is.
8: Gym tell John.
9: Cousin is bricking it that "John" will relay information on to "X" who will take him to Suplex city.
 
I can't help regarding the legalities of this case but bare in mind I think online harassment might be a crime now obviously depends of what trolling your cousin actually did to this person. But surely the best cause of action for your cousin is to apologise to both in person?
 
Get the kid to apologise.

He can get himself out of a situation which he has made for himself with a simple apology. A valuable lesson learnt for free. Whoever's idea it was to fight back by threatening legal action due to distribution of data or whatever, give them a slap round the face and tell them to stfu. Gyms now have a low tolerance against things like harassment or bullying. Slandering someone for the use of roids is taken pretty seriously by gym owners, as it creates a poor reputation for the gym and puts off customers. It would be normal for them to investigate and handle the matter properly.

What forum is this, can you link the T&C of joining that no one reads but everyone signs?
 
Let me see if I have this right.

1: Cousin was on a gym forum talking smack about "X" for roid use.
2: People on gym forum mistake Cousin for a guy called "John".
3: People on gym forum tell "X" that "John" is talking smack about his roid use.
4: "X" flies into roid rage and goes to gym to confront the actual "John".
5: The actual "John" find out whats going on and complains to Gym.
6: Gym complain to forum.
7: Forum admins look into it and tell Gym who Cousin is.
8: Gym tell John.
9: Cousin is bricking it that "John" will relay information on to "X" who will take him to Suplex city.

Have I got that right?
 
Is the forum in anyway connected to the gym? If not I doubt it is allowed that the forum mods gave details about a members identity to the gym staff.
 
Divulging personally identifiable information to a third party without the data providers consent? Yeah, someone is in the wrong.
Worth bothering about? Not unless your cousin ends up in a life changing situation!

Your cousin should learn to be an adult, apologise to both of the other gym members and keep the banter / possible slander where it belongs - in his head.
And look for a different gym.
 
Divulging personally identifiable information to a third party without the data providers consent?

Consent may have been given when signing up to the forum. Plenty of forums include a tickbox or a few lines in the T&Cs on registration. A fair bit of money is made in selling e-mail contacts, especially when its on forums like these, as they can make a good list of potential customers for protein, supplements or active sport retailers .
 
The Gym probably shouldn't have given away his details, so they are probably in the wrong, but your cousin has created this situation by being an idiot on an internet forum.

5 years ago being an idiot on an internet forum would not have gone any further but the world has changed and now the consequences of online behavior can very much effect real life.

They should apologies, not frequent the forum anymore and learn that talking pap about people has consequences no matter where it happens
 
9: Cousin is bricking it that "John" will relay information on to "X" who will take him to Suplex city.

Never heard of Suplex City, but it doesn't sound like a great place to be. :D

Is it close to Piledriver Town and Bodyslam Suburbs?

KARMA = This thread in a nutshell
 
Get the kid to apologise.

He can get himself out of a situation which he has made for himself with a simple apology. A valuable lesson learnt for free. Whoever's idea it was to fight back by threatening legal action due to distribution of data or whatever, give them a slap round the face and tell them to stfu. Gyms now have a low tolerance against things like harassment or bullying. Slandering someone for the use of roids is taken pretty seriously by gym owners, as it creates a poor reputation for the gym and puts off customers. It would be normal for them to investigate and handle the matter properly.

What forum is this, can you link the T&C of joining that no one reads but everyone signs?

T&C's

4. VISITOR CONDUCT
4.1 With the exception of personally identifiable information, the use of which is covered under our Privacy Policy , any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
4.2 When using this website you shall not post or send to or from this Website any material:
a) for which you have not obtained all necessary consents;
b ) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
4.3 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 4.2.

6. DISCLAIMER
6.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
6.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.

7. EXCLUSION OF LIABILITY
7.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
7.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.

8. GOVERNING JURISDICTION
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
 
4.3 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 4.2.

So I'd be asking which court order the mods were following dictated them giving the details to a 3rd party.
 
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