I had to send my Hp laptop back to HP again. This time for dead pixels on the display. The repairs had nothing at all to do with a hard disk failure. None-the-less, Hewlett-Packard reimaged my hard disk to the factory settings. While I backed up the data prior to shipping the computer, due to a bug in Vista that corrupted network files for which a patch has now been released, I found that my backups were useless and lost six months of work on a project.
Under Federal law it is a crime to alter or destroy data on a computer without authorization to do so. It is the same in the state I live in (Utah). And while I do not know the state of the law in California where the repairs were performed, I believe that the law is similar to the Federal law and the law of my state.
It is my belief that when a computer is taken or sent to a repair facility, that facility has no business touching the data on the hard disk except as absolutely required for the needed repairs (i.e. a failed hard disk or software that is corrupting the system). Even in this case, the data need not be destroyed. As an example, I have an E machines/Gateway laptop that the hard disk failed under warranty. Arima corporation, who performs Gateways service repairs, extracted all the data and programs from the failed hard disk imaged it onto a new HD and returned the machine as if the drive had not failed.
Under criminal tort law a corporation is liable for committing criminal acts (unauthorized alteration or destruction of data). Under negligent tort, careless acts are not excused. I could present several legal theories as to why Hewlett-Packards actions are inexcusable. However, legal theory aside, I feel that because Hewlett-Packards actions in unnecessarily reimaging my hard disk cost me six months worth of work that Hewlett-Packard should reimburse me the cost of the lost work and the going rate of a custom install that it required to restore the computer to its needed working configuration.
I would like to hear from the community, their various opinions on this action – Whether they feel a hard disk reimage was required by the repair facility, whether is is criminal in nature. What they feel about a manufacturer deciding thay want on the machines they sell and enforcing it during service. Whether is is even the manufacturers business how a person or business uses or sets up a computer, or even what data or programs are on the machine.
I am also interested in hearing from individuals who have had their hard disks reimaged during a Hewlett-Packard repair who are also interested in pursuing class action litigation against Hewlett-Packard.
