Perhaps it is somewhat shocking to imagine the possibility of spending for 4 nights in a hotel in exchange of providing personal data. However, this practice of bartering between services and information is very present in our daily life, and in fact it is highly profitable. Even if sometimes we are not completely aware, despite not paying with money, the social networks we use every day are not free. In exchange for the very useful services they provide, we agree to give them our data and information, which is highly profitable for them. In the attached document, you will find a clear example of a potential line of business that exchanges the provision of services with personal data.
The grounds for the claim are that the defendant called the claimant with an offer of 4 hotel nights in exchange for the personal data of 25 people (name and phone number) so that they can call them and offer promotions. The complainant declined the offer because. After consulting the Spanish Data Protection Agency (“AEPD”) by telephone, the complainant called the company and recorded the call. During the course of the conversation asked them if there might be a problem of providing the data of such persons without having their consent, to which they answered that it would not be a problem at all.
Background to the case:
The interested party received a phone call with an offer of 4 hotel nights in exchange for the personal data of 25 people (name and phone number) in order to call them and offer them promotions.
– The claimant declined the offer.
– After consulting this agency by phone, the complainant called the company and recorded the call. During the course of the conversation he asked them if there could be a problem because he gave them the data of those people without having their consent, to which they replied that there was not. It indicates a link to access the recording and a certificate.
– The defendant collects on paper the name and telephone number of people whose data is provided by a third party. It checks if he is on the Robinson List, and if he is not, it calls him.
– When calling, the respondent informs the interested party of the origin of their data and the information established in articles 13 and 14 of the RGPD. If he does not want information, they delete the data immediately.
Sometimes campaigns are offered to clients in which they offer as a promotion the enjoyment of four nights in a hotel at a promotional price in exchange for recommending the promotion to contacts of the interested party. On some occasions clients of the company have provided contact details of people from their family or friends, as they have considered that the services offered by this company are of interest to their relatives or close friends.
– In the present case, there is no evidence, not even indicative, that, prior to the receipt of the calls analysed, the recipients of those calls had expressed to the defendant their opposition to the receipt of unwanted calls for the purposes of commercial communication, so that that opposition could be recorded and that such opposition could be proved. The exercise of the rights is very personal, and must be made by the affected party or by whoever represents him/her.
– The right of opposition is expressly provided for, in particular, in the specific telecommunications regulations, in respect of unwanted telephone calls for commercial communication purposes. In general, if you do not wish to receive commercial calls of a promotional nature, you may contact the promoted entity, whether or not you are a customer of the promoted entity, identifying yourself as a user of the telephone line where you do not wish to receive the calls and expressing your refusal or opposition to the processing of your personal data for advertising purposes.
For all the above reasons, it is understood that the action of the respondent is in accordance with the law. We proceed to the ARCHIVE of the sanctioning procedure.
Link to the resolution, only available in Spanish. Please if you would like to get access to an English version, let us know. Thank you.