The Robinson List works. And the companies that skip it already know the punishment: 10,000 euros

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In July 2021 AAA (your identity is protected) He received two calls with advertising messages. Many users would have picked up the phone and then hung up, more or less annoyed with the interruption. But AAA no. That person had been registered on the Robinson List since 2018, so shortly after he issued a complaint. The responsible company has received a fineand that’s the latest demonstration that signing up for the Robinson List works (but if they call you while you’re on it, you have to complain).

What is the Robinson List. It is an advertising exclusion service that can be accessed by both consumers, free of charge, and companies, upon payment. It is part of personalized advertising and its operation is quite simple at the citizen level. You can sign up for the list from its official website.

Companies must be careful. Those who make advertising calls must respect this list, which allows them to know which people and companies have not provided their consent for these calls. It is specified by article 23.4 of the LOPDGDD:

Those who intend to carry out direct marketing communications must previously consult the advertising exclusion systems that could affect their performance, excluding from the treatment the data of those affected who have expressed their opposition or refusal to it.

the Spanish Agency for Data Protection (AEPD), which manages a service that began in 1993 with advertising by postal mail. In 2009 the platform began to add email, SMS and MMS or advertising calls.

What is the Robinson List and how to join it to avoid unwanted advertising

Legal grounds: if I don’t want to, they don’t call me. The General Telecommunications Law specifies in the BOE 114 of 5/10/2014 how article 48 includes the “Right to personal data protection and privacy in relation to unsolicited communications, traffic and location data and subscriber guides”. According to said article:

1. Regarding the protection of personal data and privacy in relation to unsolicited communications, end users of electronic communications services will have the following rights:

a) Not to receive automatic calls without human intervention or fax messages, for commercial communication purposes without having given your prior and informed consent to do so.

b) To oppose receiving unwanted calls for commercial communication purposes that are made through systems other than those established in the previous letter and to be informed of this right.

Right of opposition. What explained on Twitter lawyer Alba del Campo, any person or company may exercise that right based on what is specified in the GDPR article 21. It is what AAA did, which still continued to receive calls. The question, of course, is what to do to denounce that even being on the Robinson List, advertising calls continue to be received.

I’m on the Robinson List and they keep bothering me. As explained in point 9 of the AEPD guide, “If after exercising your rights or putting into practice the suggestions indicated in the previous points you continue to receive unwanted advertising, you can file a claim with the Spanish Data Protection Agency”. You will need to provide diverse documentation —the process is somewhat cumbersome— and the AEPD has more information about the claim process, which you can do directly in your Electronic Headquarters.

The fine shows that the system works. In that case that we talked about at the beginning of the topic, the Justice declared the company guilty and imposed a fine of 10,000 euros for those commercial calls. It is not a very high amount, but if several people are in the same case, claim and achieve identical sentences, the thing can be serious for those companies that harass us. The Robinson List thus becomes an important dissuasive mechanism to put an end to those annoying spam calls.

Image: Priscilla DuPreez

In July 2021 AAA (your identity is protected) He received two calls with advertising messages. Many users would have picked…

In July 2021 AAA (your identity is protected) He received two calls with advertising messages. Many users would have picked…

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