Explanatory notes of telephone harassment for debt collection
Telephone harassment for debt collection is a practice that may violate fundamental rights and various legal regulations in Spain and the European Union. These communications, in many cases repeated or automated, may infringe the provisions of the General Data Protection Regulation (GDPR), the Organic Law on Data Protection (LOPDGDD), the Criminal Code, the General Law for the Defence of Consumers and Users, and the guidelines of the Spanish Data Protection Agency (AEPD).
1. General Data Protection Regulation (GDPR) - Regulation (EU) 2016/679
- Article 6 - Lawfulness of processing.
- Article 13 - Information to the data subject.
- Article 17 - Right to be forgotten.
- Article 21 - Right to object.
2. Organic Law 3/2018, on Data Protection and the Guarantee of Digital Rights (LOPDGDD)
- Article 7 - Consent of the data subject.
- Article 20 - Right not to receive unwanted commercial calls.
- Article 70 et seq. - Proceedings before the AEPD and sanctioning regime.
3. Spanish Penal Code
- Article 172 - Coercion.
- Article 172 ter - Harassment or stalking.
4. General Law for the Defence of Consumers and Users (TRLGDCU)
- Articles 44 and following - Prohibition of aggressive commercial practices.
- Article 20 - Consumer's right to clear information.
5. AEPD Instruction 1/2006 on commercial communications
- Prohibits automated calls without consent.
- Obliges to allow the right of opposition.
