¿Qué hay que hacer para dejar de recibir llamadas comerciales y en qué casos seguirán contactándome?
Spain’s new General Telecommunications Law inverts the traditional paradigm of personal data protection by establishing a “right not to receive” commercial calls. This fundamental shift prioritizes user privacy by eliminating the need to register on opt‑in lists to block unwanted phone calls. Responsibility now falls on companies, which must obtain prior consent before contacting individuals, thereby ensuring greater legal certainty and respecting individual autonomy against unsolicited marketing. The regulation clearly distinguishes between express consent and legitimate interest, with the latter restricted to existing or recent contractual relationships involving similar products. This framework enables the Spanish Data Protection Agency (AEPD) to impose severe sanctions on violators, balancing commercial interests with fundamental rights. However, significant legal gaps remain, particularly in automated processing using artificial intelligence, where the absence of human interaction weakens the effective protection of citizens against invasive robotic systems. This article is relevant to the open data community because it illustrates the critical tension between technological innovation and individual sovereignty over information. It highlights how privacy regulations serve as essential frameworks for the ethical governance of data, requiring organizations to be transparent about their data processing practices. It also underscores the importance of auditing telemarketing algorithms, reminding us that open data must coexist with robust mechanisms that prevent its discriminatory or non‑consensual use in citizen–company interactions.
Source: cadenaser.comPublished on 2023-06-30