The National Authority for the Protection of Personal Data (ANPD) of Ministry of Justice and Human Rights (Minjus) sanctioned in the first instance Interbank Y Oncosalud for the use of personal data for advertising calls without consent. Both resolutions can be appealed.
The financial entity was sanctioned with a fine of S / 99,246 for transferring data from its clients to a call center that was dedicated to telemarketing oncology insurance plans for the insurer. This transfer was not informed to its clients, so it was not authorized.
On the other hand, Oncosalud was sanctioned with a fine of S / 120,959 for making calls without consent for telesales of its products, as a result of the complaint of a person who received unauthorized calls.
LOOK: Lawyer teaches how not to network with the “deranged” message she received from a student
This insurer hired a company linked to its economic group to provide the services for the sale of its products, which in turn subcontracted to call centers to make advertising calls.
In this regard, the Directorate for the Protection of Personal Data has indicated, in the first instance, that said assignment does not exempt the insurer from the responsibilities it has towards its clients and their rights.
This implies, for example, that you must ensure that your customers’ consent is obtained to call them; or, that their cell phone number is blocked but they want to receive more calls.
The Minjus recalled that the uses of data for advertising must have consent, which must be free, prior, express and informed.
