“No” is enough to get off telemarketing lists

With a simple “no” from the user during an unsolicited commercial call, the call center or company calling him is forced to take note of the consumer’s wishes and immediately cancel the said name from the lists used for telemarketing. And not only. The user does not need to confirm the objection expressed by e-mail or other means over the phone, as operators are often required to do, and this also applies to future promotional campaigns. This is the principle expressed by the Privacy Guaranteer, who, after a sophisticated preliminary investigation, found various illegal acts committed by Edison Energia spa against a significant number of users. The authority then ordered the company to take a series of measures to comply and pay a fine of 4,900,000 euros. Within the specified time, the company exercised its right to resolve the dispute and paid half the amount of the fine.

Serious irregularities that emerged and stood out in the investigations carried out by the Authority following various reports: receiving unauthorized telephone calls; not responding to requests to stop receiving unwanted calls; Failure to disclose free and private consent for different purposes (promotion, profiling, transmission of data to third parties) within the site or application, incomplete or incorrect information. The guarantor therefore ordered Edison to facilitate the exercise of the rights enshrined in the legislation on the protection of personal data and to respond promptly to requests, including those relating to the right of objection. – Specified by the official – can be used “any time” (even during a promotional phone call) and the user’s will must be accurately recorded.

The guarantor also prohibits the company from doing any other promotional processing using contact lists prepared by other companies that have not received free, specific, informed and documented consent for the transmission of user data. If the company wishes to use third-party telephone numbers for promotional activities in the future, it will also have to continuously verify, through appropriate random checks, that the data is handled in full compliance with privacy legislation. Finally, the company is prohibited from processing data collected without free and specific consent for marketing and profiling purposes, and users are instructed to provide only accurate information indicating the processing activities actually performed.

Source: Today IT

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