legality of copying data onto hard drive

Discussion in 'Software' started by franktaplin, Oct 1, 2010.

  1. franktaplin

    franktaplin Private E-2

    I run a small computer repair shop and was helping my father in law, who lives out of state, over the phone. I determined his hard drive was starting to crash on his desktop which is running Vista and recommended that he take it to a shop where he lives. He took it to Best Buy where they replaced the hard drive and installed Windows on the new hard drive. They told him that they could copy his personal data off the old hard drive but it was illegal for them to copy it on to the new hard drive. So they sent him home with the old hard drive and some kind of data transfer cable.
    In all the places that I worked at before I started my place we always copied personal data from an old drive onto a new one when hard drives were replaced. Is the tech at Best Buy correct and it's illegal to copy someone's data onto a new hard drive? If it is I know a lot of techs that have been breaking the law for years.
     
  2. Caliban

    Caliban I don't need no steenkin' title!

    That's a new one on me - if true, then I'm included in the lawbreaking category. In fact, I'm subscribed in multiple threads here and in other forums where I am complicit in doing just that - copying data from drive to drive.

    :confused
     
  3. plodr

    plodr MajorGeek Super Extraordinaire Moderator Staff Member

    Just reinforces my low opinion of BestBuy!
     
  4. hrlow2

    hrlow2 MajorGeek

    Sounds as if they just didn't want to take the time to do it.
    Making excuses is all that is.
     
  5. LauraR

    LauraR MajorGeeks Super-Duper Administrator Staff Member

    Best Buy tech service is the pits. His files on his old hard drive are his and it is not illegal to copy them. They probably wanted to just sell him the data cable which is about $50..
     
  6. Just Playin

    Just Playin MajorGeek

    It may be a corporate policy to protect it from liability. I vaguely remember something about BB employees poking around in customers' personal info while fixing their PCs.
     
  7. Colemanguy

    Colemanguy MajorGeek

    Or likely they meant programs wouldn't be allowed to be copied and was misunderstood.
     
  8. DavidGP

    DavidGP MajorGeeks Forum Administrator - Grand Pooh-Bah Staff Member

    Hi

    Never heard of that one before in being illegal to copy personal data from HDD to HDD, I would be with Just playing with this in that it maybe a corporate policy to remove them from any liability for data that ends up corrupted from a transfer.
     
  9. DavidGP

    DavidGP MajorGeeks Forum Administrator - Grand Pooh-Bah Staff Member

    Have to say in Best Buys defence they did do something partly right in

    so that would cover transferring the data back, if he can slave the HDD in the PC as a 2nd HDd then this maybe a good option too, in copy the personal data to the new HDD then format the old HDD and then use it s a backup/data HDD, as the HDD may not be defective.
     
  10. Buck_nekid

    Buck_nekid Specialist

    As already stated probably a corp policy. I am sure best buy has been bitten by the "well you touched it last" phrase a few times. I even shy away from doing certain things because of this.
     
  11. LauraR

    LauraR MajorGeeks Super-Duper Administrator Staff Member

    Which is all fine except that their explanation was 'it's illegal'.
     
  12. Caliban

    Caliban I don't need no steenkin' title!

    Maybe it's illegal for them (Halo's 'corporate policy' statement), but not in the broader sense of the word.

    Touchy subject - IMO, just because something's 'illegal' doesn't necessarily mean it's wrong.
     
  13. DavidGP

    DavidGP MajorGeeks Forum Administrator - Grand Pooh-Bah Staff Member

    Yes was my thinking on this as you backed up, I know that in work that even our IT dept will not touch Databases as they will not take responsability for data loss if they are working to fix a PC (in the main all users should in our workplace use the network drives for saving stuff as that is backed up but not all do this), so likely same for the likes of Best Buy et al.

    Dont think as mentioned its illegal more as said the word illegal was used wrongly and was a local issue to illegal to the company to transfer data as it could become corrupt and that may well in some countries leave a company open to a legal challenge for corrupting said data.
     
  14. collinsl

    collinsl MajorGeek

    I agree that it is probably corporate policy, but I am sure that somewhere in the "terms and conditions of service" there is probably a section that says something like "we are not liable for corrupted data", so surely the "we won't touch it" policy is not needed if they cannot be held liable.
     
  15. Just Playin

    Just Playin MajorGeek

    I believe there were allegations a while back that BB employees were actually copying peoples personal info for their own amusement. The head honchos would want to avoid this sort of liability also.
     
  16. collinsl

    collinsl MajorGeek

    Makes sense.
     
  17. ichase

    ichase Corporal

    I NEVER recommend anyone to take their computer to BB (Geek Squad), friend of mine brought her laptop to them to get the case removed when she broke it (Computer was purchased at BB and it still worked) BB mixed up the tickets and removed her HDD and replaced it. She calls me asking why all of her stuff is gone. When I looked at her paper work, sure enough it stated replace case, NOT HDD. She is in Law School and all of her term papers and homework were on this HDD. In small print, their contract states that they can pretty much do what ever they want to your computer with no recorse. They would not even give her HDD back to her that they removed because they said it is now the property of BB. Said if she would pay $250 they would try to recover the HDD and get her data back on DVD.

    That is why they sold your Dad a data cable. To get more $$$$

    BB is garbage IMO :)
     

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