BT Resists Handing Over Customer Data to Law Firms

BT has made good on its promise to resist the efforts of law firms to obtain customer data, after the High Court granted it an adjournment in an important hearing.

This is the second time when the court hearing, in which Gallant Macmillan, a London-based law firm seeking customer data from BT-owned Plusnet, is adjourned.

Gallant Macmillan pursues copyright infingement claims on behalf of large independent record label company Ministry of Sound, using a controversial practice dubbed speculative invoicing.

Judge Chief Master Winegarten adjourned the hearing on September 20, after the court received numerous letters from members of the public, who voiced concerns over the accuracy of the process used by the law firm to identify copyright infringers.

"There wouldn’t be this hue and cry unless you were pursuing people who were innocent," he judge told Gallant Macmillan's lawyers at the time, before ordering them to respond to those concerns until October 4.

Yesterday, BT asked the court for a new delay and the chance to review the security mechanisms employed by the law firm when handling its customer data.

These concerns were prompted by a data breach incident, which occurred two weeks ago when an email database was leaked from ACS:Law, another law firm enganged in similar actions.

One of the leaked emails had an unencrypted Excel file attached, which contained the personal details of 400 Plusnet boradband subscribers.

"The incident involving the ACS:Law data leak has further damaged people’s confidence in the current process.

"We’re pleased that the court has agreed to an adjournment so that our concerns can be examined by the court, this will then act as a precedent/test case for the future.

"We want to ensure broadband subscribers are adequately protected so that rights holders can pursue their claims for copyright infringement without causing unnecessary worry to innocent people. [...]

"The data leak with ACS:Law prompted us to take further action today. We are also seeking a moratorium on outstanding applications and orders," Richard Fletcher, Plusnet's chief operating officer, wrote on the company's forums.