On June 29, 2022, the General Telecommunications Law 11/2022 was publish . The purpose of this article is to analyze the modifications made to the rights of end users that are includ in the current regulation in CHAPTER IV of Title III. Specifically, in these lines I try to develop an analysis of article 66.1. b. “ Right to the protection of personal data and privacy in relation to unsolicit communications , traffic and location data and subscriber guides ”. Provision that will enter into force within one year from the publication of this law in the Official State Gazette, that is, June 29, 2023.
The article provides
“1. Regarding the protection of personal data and privacy in relation to unsolicit communications, end portrait retouching of publicly available interpersonal communication services bas on numbering shall have the following rights:
b) not to receive unwant calls for commercial communication purposes, unless there is prior consent from the user to receive this type of commercial communication or unless the communication can be cover by another basis of legitimacy provided for in article 6.1 of Regulation (EU) 2016/679 on the processing of personal data”…
Below I will explain several concepts that have generat doubts since the new regulations were publish.
Unsolicit communications and unwant calls
Firstly, the interpretation of the terms “ unsolicit communications ” in the section of the text studi and “ unwant calls ” in paragraph b of the same, given that they are indeterminate legal concepts, since the law has not establish their definition nor has it specifi whether they are homogeneous terms. Perhaps the first term “ unsolicit communications ” is broader, which is why the text limits the term “ unwant calls ” which seems to require a prior declaration by the recipient.
In any case, these are, in my opinion
Semantic discrepancies, without regulatory significance. Focusing on our commercial activity, we must specify what is understood by unwant calls or how we know if a call is unwant. Colloquially, all calls that we receive and that we have not b2b reviews authoriz can be includ as unwant calls. Such a broad interpretation means mutilating the existence of commercial telephone communications. The discuss concept must be outlin and restrict to an acceptable scope, coinciding with a logical interpretation of the legal precept.
It is possible to interpret that the two types of calls have the same meaning and that their assessment is left to the discretion and leres-leres nyobian sareng ngajantenkeun of the end user. This point of view must be rejectedgiven the legal uncertainty that it would cause, since there would be multiple assessment criteria, all of which are subjective.
