Advertising Calls: Why do they have my data and how can I avoid it?
More and more frequently we receive telephone calls for advertising purposes without having given our prior consent. How is it possible that these companies have our personal data? What can we do to avoid this?
Why do they have my data?
There are several ways in which a company may have access to your personal data:
- You have given your consent without realising it by accepting general terms and conditions on websites, sweepstakes, registrations, etc.
- Your data has been legally transferred by another company with which you had a relationship.
- You have appeared in public databases (such as telephone directories), unless you have requested otherwise.
- Your data has been obtained improperly or without proper information.
Is it legal to call me without permission?
Spanish and European regulations require that any company wishing to contact you for commercial purposes must have a valid legal basis, mainly consent.
According to the General Data Protection Regulation (RGPD) and the Organic Law 3/2018 (LOPDGDD), if you have not given your clear and specific consent, such calls could be illegal.
Furthermore, according to AEPD Instruction 1/2006, they must always inform you of who is calling, for what purpose and how you can exercise your rights.
What can you do if you receive these calls?
- Request in the same call that your details be removed from their database.
- Write down the name of the company and the number from which they are calling you.
- Formally ask the company to stop processing your data.
- Register on the Robinson List (www.listarobinson.es) to avoid advertising calls.
- File a complaint with the Spanish Data Protection Agency (AEPD) if the calls persist.
What is the Robinson List?
It is a free advertising opt-out service that allows citizens to indicate that they do not wish to receive unwanted commercial communications. Companies are obliged to consult it before running campaigns.
Your rights as a citizen
- Right of access: to know what data they hold about you.
- Right of rectification: to correct incorrect data.
- Right to erasure (forgetting): to delete your data.
- Right of objection: to refuse the processing of your data for advertising purposes.
Conclusion
You are not obliged to put up with unwanted commercial calls. The law protects you and allows you to complain if you believe your data is being used without your consent. It is your right to act.
