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+ - Ask Slashdot: Applecare drive data policies? 10

Submitted by yakumo.unr
yakumo.unr (833476) writes "Applecare (UK) took my friend's Powerbook in for servicing as his hard drive was being faulty, and incredibly slow, but was still accessible.

They swapped the drive out over three days, and once he travelled for an hour to pick it up, on asking about his old drive as it had his degree work on it he was told

'you can have your faulty hard drive back OR the fixed one, we can't let you have both'
It was also claimed they now couldn't get the data back off the old one.

At no point previously had they warned him they would not return his disk, or his data, though when he had asked about his old drive on the phone before travelling he was told the disk would not be destroyed until after the customer had picked up their machine, implying he had an option to NOT have it destroyed.

Certainly if policy is to destroy it why was he not allowed to do so himself!?

  I've certainly heard of many cases of less ethical employees saying this is far too often just to make the customer drop it and go, less work than finding the drive in question let alone going through the data recovery options available to the customer unless the customer made a real fuss.

I basically feel his data was held to ransom over a working machine, and I have been unable to find out about their drive destruction policies so also fear over the security of his lost data.

How do people feel about this? (other than the obvious 'he should have backed up everything!!', a lot of his data is on Dropbox, but he found not everything was).

What is his legal position over attempting to get his old drive back to recover or destroy himself?"
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Ask Slashdot: Applecare drive data policies?

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  • I'm not an Apple man, it's a year old Mac Book Pro not a Powerbook.

  • Every place that I've visited that does computer repair has always asked the question "Can we wipe the hard drive?" This is even when the system is being brought in for something completely unrelated. Why? The liability of data damage is disproportional to the liability of hardware damage.

    So, the guy brings in a bad hard drive -- without backing up the data -- and wants to blame the people who replaced the hard drive? I would love to be on that jury -- just to bitch slap him for being a total idiot.

    A

    • The contract signed a year ago? most average people would at best scan over it, and certainly shouldn't be expected to remember it that long after.

      And as stated "At no point previously had they warned him they would not return his disk, or his data, though when he had asked about his old drive on the phone before travelling he was told the disk would not be destroyed until after the customer had picked up their machine, implying he had an option to NOT have it destroyed."

      • The contract signed a year ago? most average people would at best scan over it, and certainly shouldn't be expected to remember it that long after.

        You obviously are not a lawyer. Welcome to the big leagues. If you sign a contract you are bound by the contract. The excuse "I didn't read it before I signed it" or "I didn't remember what was in it" holds absolutely no water with the courts.

        And as stated "At no point previously had they warned him they would not return his disk, or his data, though when he had asked about his old drive on the phone before travelling he was told the disk would not be destroyed until after the customer had picked up their machine, implying he had an option to NOT have it destroyed."

        I will bet dollars to donuts that the fine print of the contract releases them from liability in the cases of data loss. Any inferences from oral statements aren't worth a warm bucket of spit next to a signed contract.

        At this point, your friend should try and learn

        • I'm aware of what such a contract likely states in that regard, I was after opinions as I thought how they handled it was poor.

          (I have also worked in some shops when I was much younger that treated customers the same way but there were no signed papers when machines changed hands, so I thought it would be interesting to discuss generally)

          • I'm aware of what such a contract likely states in that regard, I was after opinions as I thought how they handled it was poor.

            (I have also worked in some shops when I was much younger that treated customers the same way but there were no signed papers when machines changed hands, so I thought it would be interesting to discuss generally)

            They (Apple) did not handle it poorly. You and your friend handled it poorly. The fact that you aren't man enough to admit this shows great lack of maturity on your part. Until you grow up and realize this simple fact, you are forever going to be a bewildered victim in this life. You will continue to do stupid things and wonder why the world has it in for you.

            Your statement "I was after opinions" sounds painfully hollow. The overall picture painted is that after doing something painfully stupid, you

            • So asking asking technically/legally competent people for their opinion is an offence now?

              I had no involvement with this at all bar posting this after hearing what happened from my friend, and thinking he'd been very poorly dealt with. The fact it was Applecare was essentially incidental, it could have been anywhere and I would still have questioned it, but I did actually expect to hear of better handling of a customer from them.

              I have no direct access to anyone else that may have dealt with them u

              • So asking asking technically/legally competent people for their opinion is an offence now?

                No. Blaming other people for your own stupidity -- trying to smear people who acted normally as if they had some aberrant behavior is offensive.

                I had no involvement with this at all bar posting this after hearing what happened from my friend, and thinking he'd been very poorly dealt with.

                Your are either being disingenuous or your don't have much common sense. You claimed to have worked at this sort of break-fix repair shop and then are clueless regarding standard data liability issues.

                The fact it was Applecare was essentially incidental

                If it didn't make a difference then you should not have mentioned it. By mentioning "Applecare" one can legitimately question your motives. Are you trying to find

                • Indeed the first thing I said to him WAS "did you back it up"? I made it clear in the first post that was an obvious thing, as stated most of his stuff was on Dropbox as mentioned in the original post.

                  Where I contracted briefly eight years ago if the customers data was at risk we would contact them and offer to image the disk before any further work was undertaken (at a charge), as we recognised that that data was likely more valuable to them than the disk itself.

                  TBH irrespective of him attempting to restor

  • Your friend paid for a laptop with one working hard drive, so legally that's what he's entitled to; the mention that the hard drive wouldn't be destroyed only covered the prospect that he might change his mind on asking for a replacement, and that's what he's been offered. The data on it wasn't part of the original sale contract, and while it would be kind of them to salvage it for him there's no telling how long it would take, whether anyone on staff has the appropriate expertise*, or if they have a spare

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