So you can record spam calls on your mobile and report them to Data Protection

On June 29 of this same year, the modifications carried out in the General Telecommunications Law came into force that were expected to put an end to spam calls. However, to the (unpleasant) surprise of many, the unwanted commercial calls have not stopped. And the complaints continue to increase.

The reality is that although the Telecommunications Law establishes that commercial calls can only be made with the explicit permission of the user or in the context of a contractual relationship, some companies have found ways to circumvent these restrictions: there are telemarketing companies that have directly chosen to ignore the legislation, while others are exploiting some loopholes in the law.

A common strategy is to operate with call centers located outside of Spain, allowing these companies to avoid national regulations. Some companies even spoof caller ID information to hide their location.

Given this flagrant breach of regulations, the Spanish Data Protection Agency (AEPD) has decided to intervene and provide citizens with a new way to report these spam calls that persist despite the regulations. The AEPD has enabled a procedure to report these practices and put an end to spam calls.

To file a complaint with the AEPD, it is necessary to have certain documents and evidence:

The most significant change in this procedure is the possibility of including an audio recording of the call with commercial content. This facilitates the collection of evidence and strengthens the complaint.

Once all the necessary documentation is available, the complaint can be filed through the AEPD website. The process can be done on paper or electronically. If the electronic option is chosen, a digital certificate will be required to sign the complaint.

The online form includes fields for personal data, information about the reported company, an explanation of the facts and the burden of proof, including audio recording. After completing the form, it is necessary to sign it with the AutoFirma program.

This new procedure will allow citizens to more easily report annoying commercial calls and will help combat telephone spam in Spain. In addition, the AEPD will supervise and take appropriate action against companies that violate the legislation.