Some days ago, Oncosalud and Interbank were sanctioned in the first instance for the use of personal data for advertising calls without consent. But this practice is not exclusive to these companies. Multiple entities often call citizens to offer from credit cards to new mobile lines. Can we users do something about it?
In the country there is a regulation in this regard. It basically establishes that anyone who collects information from a natural person must inform them about the treatment that they will give this data and if they will use them for something other than the activity for which they delivered the information.
According to Verónica Vergaray, director of the Competition and Intellectual Property area at the PPU study, users usually provide their information when acquiring a good or service; for example, with a bank or an ecommerce. However, they can only use this data within the framework of the contracted service.
“Regardless of whether there are many or few calls made, no one can contact you if you have not given your consent to do so”the lawyer told this newspaper.
This consent must be clear to the user; That is, if the company is going to use your information for what you have contacted me for, or will provide it to a third party who, in addition, can use it as an advertising activity.
Terms and Conditions
Consent, according to the expert, is usually hidden in the famous “terms and conditions” that many people tend to ignore when purchasing a service. Vergaray explained that both the terms and conditions and the privacy policy are important to define the treatment of the information.
In this regard, he stressed that a common practice of several businesses is to reverse the norm by conditioning the service to the delivery of information. That is, you cannot register to obtain the X service if you do not first click on the box that allows the use of your data.
“The jurisprudence says that if I ask for the consent of things that are not part of the service that you have hired me, it has to be differentiated. They cannot force you, otherwise it would not be free. It is understood that you go against the principle of freedom when you link one service to another “warned the lawyer.
What can users do?
Vergaray recommends going to the National Authority for the Protection of Personal Data (ANPD), in case you feel that a company is using your personal data without consent.
“When these scenarios of improper contacts occur, which have not had the due consent, it is likely that the consumer approaches and presents his complaint, an investigation is carried out, results are obtained, and if there are indications a sanctioning procedure is initiated”, he pointed.
That is, if you have already requested that the company be removed from the list of people to call, or you see that they are forcing you to allow the use of this data for advertising, you can report it.
If responsibility is found on the part of the call center or the company that has hired it, the authority can sanction them with fines from 0.5 tax units (UIT) to 100 UIT; currently, between S / 2,200 and S / 440,000.
