Fighting Back: Privacy issues arising from the ban

gamerhead, seriously!
Get some proper legal education in the country of your residence, instead of spreading geek assumptions around the internet, with having no clue how government regulations work!

These trivial comments you paste here, was discussed over and over again in the last 5 years on this forum, just use the Search function, if you have difficulties to understand it.

 

Just because it's in the EULA doesn't mean Blizzard can legally do it. If a country has a law stating the action is illegal then your agreement to the action is meaningless.

You could sign a contract giving them permission to kill you if found cheating, but it's still illegal for them to do it (well, maybe not illegal everywhere).

 

Ok so lets look at it this way. What do you have on your computer that is so private that you would take legal action over? I mean really, are some family photos, or maybe some nudes of your spouse so secretive that you scared of someone seeing. Or are there things on it that may be illegal and you're scared it might get you into trouble? Scanning a PC isn't something new and people have been turned into the Police by Google for things such as Child Pornography (now i am in no way accusing anyone of such a thing just trying to make a statement, so please don't take it that way). If you have nothing to hide than why make such a big deal out of something so trivial? FYI i am done on the forums for now, see you in 6 months. GL with your fight with Blizzard.

 

That has no effect on whether Blizzard can legally scan your computer, or whether they are legally obligated to tell you that they scanned it and how.

As far as a relevant example, I have software on my PC that I use for hacking/botting Blizzard games and I don't want them to know about it (or at the very least, I want to know what they're looking at so I can hide it).

For a more generalized example, people generally want to hide their personal/financial information from 3rd parties because once they have it then access to it can't be controlled. Companies get hacked and data gets leaked. Information on your computer doesn't have to be illegal to be useful to others or harmful to you if abused.

 

My thoughts exactly. I'm in the USA and I'm going to do this just because I can and I have the will to fight even if it gets me no where. Spineless sheep need not post here anymore.

 

It's about the right to privacy. You may not give 2 shits about your privacy and that's your choice. But others here including myself want to protect what little privacy we still have left.

 

It's just a game. We all cheated, get over it.

 

Join Date = 16.05.2015 = Blizz Troll

 

I agree with him. Just accept the fact you were banned. This fighting back stuff is ridiculous. It's a game and it's nothing to be taken THIS seriously...

 

OP is actually right on this. in all eu countries you got some sort of law giving you a right to get information all about your personal data saved by any company.

this law has to be ratified by each eu member, based on the European Directive 95/46/EG
ref:
DIRECTIVE 95/46/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUR-Lex - 31995L0046 - EN

naming may vary in the eu countries:
Germany: Richtlinie 95/46/EG (Datenschutzrichtlinie) – Wikipedia (Ratified 2002)
Austria: Datenschutzgesetz 2000 – Wikipedia (Ratified 2014)
France: Loi n° 2004-801 du 6 août 2004 relative à la protection des personnes physiques à l'égard des traitements de données à caractère personnel et modifiant la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés | Legifr
Ireland: Data Protection (Amendment) Act 2003 enacted on 10 April 2003, Ratified 2003

You can look up your own country here:
Status of implementation of Directive 95/46 on the Protection of Individuals with regard to the Processing of Personal Data - Justice

I did that myself at a few companies just for fun, try it at amazon for example, it's some sort of amazing what data they might got on you.
Blizz has to answer on this, however, since virtual game characters are not persons itself, i doubt any information about bans and detections will be exposed.


so, tl;dr:
YES, you got the right to request information about the personal data saved about you
YES, the company you're requesting that data from HAS to respond within a given time
YES, you can to this at any company which got a settlement in EU (for wow eu, the legal holder is blizzard france)
BUT, I doubt it will include any of your game characters information

 

I'm in california.... I think I have to do this after reading this.

 

I got this 6 month ban xD and after blizzard call me on my mobilephone i ask the support why i got a bann this guy say me for some hack or Bugusing,
what i tell to him pls check if i really use bugs or anithing he checkt for me and he didnt find anything and i got my account back
just luck?

 

Fighting back isn't useless. Let's blizzard know they are going to have to pour a lot of resources into dealing with DdoS, appeal tickets, general trolling on their forums. You don't have to win battles to win the war. Look at what the DdoS did for the launch, only slowed people down but to the general public it looked like blizzard was lazy. It's going to be a mental battle with blizzard to keep them at bay. So quit saying it's useless because it's not.

 

Its not about the game, had you taken the few minutes too read you would know this is about your privacy, That is no small thing and the more people you let take advantage of small privacy infringements the bolder they get, the deeper they go, Blizzard might have legit caught HB in the act, But they refuse too release information, So they are giving us reasonable doubt on if they did it legit, The lack of transparency on their part could very well mean they have crossed some lines they should not have too get the result they got, If they choose too further their lack of transparency by denying these legal data requests, then EU authorities will have too investigate, Yes it is just a game, Yes i accept that if i was caught i would be banned, What i do not accept is that if Blizzard went above and beyond legal measures by infringing public privacy rights to do so, So like i said before, if you small minded trolls have nothing constructive too contribute to this thread, just reframe from doing so, we dont care about your small minded opinion.

 

not scared. nor secretive. i think we all are proud of our grill, child and/or family (the latter to a certain extend ^^).
but in the end this and some other things are EXACTLY what we all want to protect, right?
and if you are not at a public place, visibility of them such as photos (sticking with your example here) are just the thing YOU should want to hand out.
not taken from you unlawfully.
so it is not about not showing off your accomplishments, but it being your own free will to show them off.

i do not understand how people are still so careless with their private life after all this BS that happened with chrome, nsa and how spam gets your e-mail adress.

just a small reference to 'how the plebs actually doesn't care enough':
in germany it is legally possible to get a certificate of citizenship that says you are prussian f.e.

 

I think you guys should read the privacy laws better. All of the laws that i have read are to protect you information from being misused by said organization. None of them prohibit the collection, only protecting it from being used against you, ie: defamation or humiliation etc. Yes they have to respond to any request by you to see any information they have collected on you. As blizzard has made clear that the account you use to play WOW is there property, you will not get the information about it. At most they will give you a list of you computer contents. If that is what you want than go ahead and request a FOIA our your countries equivalent. Chances are you're not going to be happy with what they are gonna give you.

 

1. I have read the laws extensively and I completely disagree with you.
2. I challenge you to make a request for information before making completely baseless guesses as to what information Blizzard has or will hand over.

 

You first brother, since this is your thread.

 

Here is your EU Data protection Directive you are using, according to your other thread. Please note the underlined part.
ACT

European Parliament and Council Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data [Official Journal L 281 of 23.11.1995] [See amending acts].

SUMMARY

This Directive applies to data processed by automated means (e.g. a computer database of customers) and data contained in or intended to be part of non automated filing systems (traditional paper files).

It does not apply to the processing of data:

by a natural person in the course of purely personal or household activities;
in the course of an activity which falls outside the scope of Community law, such as operations concerning public security, defence or State security.

The Directive aims to protect the rights and freedoms of persons with respect to the processing of personal data by laying down the key criteria for making processing lawful and the principles of data quality.

Data processing is only lawful if

the data subject has unambiguously given his consent; or
processing is necessary for the performance of a contract to which the data subject is party; or
processing is necessary for compliance with a legal obligation to which the controller is subject; or
processing is necessary to protect the vital interests of the data subject; or
processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller or in a third party; or
processing is necessary for the purposes of the legitimate interest pursued by the controller or by the third party, except where such interests are overridden by the interests for fundamental rights and freedoms of the data subject which require protection.

The principles of data quality, which must be implemented for all lawful data processing activities, are the following:

personal data must be processed fairly and lawfully, and collected for specified, explicit and legitimate purposes. They must also be adequate, relevant and not excessive, accurate and, where necessary, kept up to date, must not be stored for longer than necessary and solely for the purposes for which they were collected;
special categories of processing: it is forbidden to process personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and the processing of data concerning health or sex life. This provision comes with certain qualifications concerning, for example, cases where processing is necessary to protect the vital interests of the data subject or for the purposes of preventive medicine and medical diagnosis.

The person whose data are processed, the data subject, can exercise the following rights:

right to obtain information: the controller must provide the data subject from whom data are collected with certain information relating to himself/herself (the identity of the controller, the purposes of the processing, recipients of the data etc.);
the data subject's right of access to data: every data subject should have the right to obtain from the controller;
the right to object to the processing of data: the data subject should have the right to object, on legitimate grounds, to the processing of data relating to him/her. He/she should also have the right to object, on request and free of charge, to the processing of personal data that the controller anticipates being processed for the purposes of direct marketing. He/she should finally be informed before personal data are disclosed to third parties for the purposes of direct marketing, and be expressly offered the right to object to such disclosures;

Other relevant aspects for data processing:

exemptions and restrictions from data subject's rights: the scope of the principles relating to the quality of the data, information to be given to the data subject, right of access and the publicising of processing may be restricted in order to safeguard aspects such as national security, defence, public security, the prosecution of criminal offences, an important economic or financial interest of a Member State or of the European Union or the protection of the data subject;
the confidentiality and security of processing: any person acting under the authority of the controller or of the processor, including the processor himself, who has access to personal data must not process them except on instructions from the controller. In addition, the controller must implement appropriate measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access;
the notification of processing to a supervisory authority: the controller must notify the national supervisory authority before carrying out any processing operation. Prior checks to determine specific risks to the rights and freedoms of data subjects are to be carried out by the supervisory authority following receipt of the notification. Measures are to be taken to ensure that processing operations are publicised and the supervisory authorities must keep a register of the processing operations notified.

Every person shall have the right to a judicial remedy for any breach of the rights guaranteed by national law applicable to the processing in question. In addition, any person who has suffered damage as a result of the unlawful processing of their personal data is entitled to receive compensation for the damage suffered.

Transfers of personal data from a Member State to a third country with an adequate level of protection are authorised. However, although transfers may not take place when an adequate level of protection is not guaranteed, there are a number of exceptions to this rule listed in the Directive, e.g. the data subject himself agrees to the transfer, in the event of the conclusion of a contract, it is necessary for public interest grounds, but also if Binding Corporate Rules or Standard Contractual Clauses have been authorised by the Member State.

The Directive aims to encourage the drawing up of national and Community codes of conduct intended to contribute to the proper implementation of the national and Community provisions.

Each Member State is to provide one or more independent public authorities responsible for monitoring the application within its territory of the provisions adopted by the Member States pursuant to the Directive.

A Working Party on the Protection of Individuals with regard to the Processing of Personal Data is set up, composed of representatives of the national supervisory authorities, representatives of the supervisory authorities of the Community institutions and bodies, and a representative of the Commission.

 

I submitted a ticket directly to Blizzard referencing two California laws about PII data collection (which things like name and IP address fall under) as well as EULAs not being a legal approval for companies to infringe on privacy rights. Ticket response from Blizzard CS was a typical pre-canned response that they had proof that I was botting (very specific with botting, I noticed some other responses not referencing botting but I've saved this conversation for evidence) and they could not overturn it. Gave me the email to Blizzard legal. Emailed them the same letter I wrote to Blizzard CS and am awaiting a response. Depending on the response I am prepared to enlist in the services of a legal representative. I'm not going to go overboard with what I'm looking for.. I'll keep it related to the laws that California fall under (Blizzard HQ also falls under California law being headquartered in the state).