Skip to main content

Mobile Data Transfer Services have Many Limitations Consumers should Beware of Privacy Protection

  • 2016.11.15

With the launch of many new mobile phone models, consumers replace handsets more frequently which inevitably involves the transfer of data from the old device to the new one.  Most of the home appliances chains and mobile network service operators in the market provide free mobile data transfer service for their customers.  But the survey conducted by the Consumer Council finds that services provided by different traders are subject to different limitations, including inability to transfer certain types of data, especially when it involves cross-operating system transfer.  Should any damage to the phone occur during the transfer, some traders even state that they are not liable to any compensation.

Consumers may store many data in their smart phones, such as phone book, photos, documents or other important personal data.  If consumers have the habit of using online banking or shopping online through their smart phone, they may pre-installed passwords on the respective apps for easy login.  Complete reliance on traders to help transfer data when switching a phone may give rise to the risk of leakage, damage or loss of some important personal data.  To prevent this from happening, consumers should try to transfer or delete sensitive data on their own, or download back-up apps.  Some instant messaging software has cloud server for data back-up, which may minimise the loss caused by phone damage or data loss caused by data transfer.

The Council sent letters to 5 mobile network service operators and 8 home appliances chains to inquire about the details of their mobile phone data transfer services.  4 mobile network service operators and 5 home appliances chains responded saying they did provide such services.

Mobile phone models and versions of operating system are factors determining whether traders can provide the transfer service.  According to this survey, only 1 trader says it does not have any limitation on mobile phone models and operating systems, the remaining 8 traders state that the transfer service does not cover certain device models, or operating systems, or which the operating system concerned is being too old.  There are 3 traders indicating that even though a mobile phone meets all the requirements, they cannot guarantee that all data can be successfully transferred.

In the survey, 1 trader makes it explicit that it would not provide cross-operating system data synchronisation service.  5 traders indicated that their transfer service could not cover record of the instant messaging apps commonly used in Hong Kong.  Among them, 3 traders cannot transfer record of such apps even for the mobile phones using the same operating system.

Consumers should take protection of their personal data seriously.  7 traders indicate that all procedures of data transfer are automatically operated or manual handling has been minimised, and after completion of the transfer, the system will not store any data.  2 traders welcome on-site inspection by customer, and another 1 says customers have to be present to inspect the whole process on-site.  Although most traders declare that they have measures in place to protect privacy, consumers should delete sensitive data, such as passwords for online banking and social media accounts, before they hand in their mobile phones for caution’s sake.

If there is any damage caused to mobile phones during the data transfer service process, traders handle it differently.  4 traders require consumers to sign declarations prior to the data transfer consenting that traders shall not be held responsible for that.  But 2 of them indicate that if the new phones were purchased at their shops, they could arrange for replacement.  Another 3 traders say they have not encountered such a case before, and they would handle the matter on a case-by-case basis.  If traders do not have any relevant policy in place, dispute may arise when such a kind of incident occurs.

In terms of fees, only 2 traders provide free service, the others provide free data transfer service only where the consumer purchased the mobile phone from them, or being a customer of the mobile network service operators.

Consumers should be mindful of the following tips when using the mobile phone data transfer service:

  • Choose reputable traders, grasp the fees to be charged, the terms and conditions and the declarations before signing;
  • Delete sensitive data such as password for online banking in the mobile phone before giving it to the trader to perform the transfer to avoid data leakage;
  • Back-up or upload the mobile phone data to the cloud server to mininise the risk of data loss;
  • Take note of whether the traders have measures in place to protect customers' privacy.

The Consumer Council reserves all its right (including copyright) in respect of CHOICE magazine and Online CHOICE