The Rada proposes to enshrine in a separate article of the law on electronic communications that making unwanted calls or sending spam messages to the subscriber is prohibited. We will tell you how it will happen.
The Rada proposes to enshrine in a separate article of the law on electronic communications that making unwanted calls or sending spam messages to the subscriber is prohibited. We will tell you how it will happen.
According to draft law No. 8153 «On the protection of personal data», which was adopted by the people’s deputies in the first reading yesterday, November 20, 2024, the subscriber has the right to contact the mobile operator with a request to establish the contact data of another subscriber who makes these unwanted calls and messages, reports «Sudovo-yuridychna Gazeta».
This request in writing must contain evidence that confirms that unwanted calls are being made to the subscriber from this particular number. Also, the victim must provide a written commitment that the data of the subscriber who makes unwanted calls will be used only for defense in court.
Next, the operator must provide an answer within 10 days, whether he satisfies the request or refuses (if the request does not contain all the information).
If the request is satisfied, the operator provides the subscriber with information about the number of the end (terminal) equipment and the name of the subscriber who made unwanted calls or messages. Also, the registered address of the place of residence or the registered address of the legal entity, if such data is available. The operator must keep the request and response for 3 years.
In addition, the operator must notify another subscriber within 3 days of providing his personal data.
Also, the subscriber will be able to submit a written request regarding the tracking of malicious or unwanted calls.
The responding provider may temporarily, but not for more than 3 months, record the origin of all calls to the subscriber’s terminal equipment or network endpoints, including those for which there is a non-identification requirement.
The operator must save tracking data, and also provide written access to data on tracking results, in particular, the subscriber’s number, the date of the call.
In addition, the operator is expected to send any data revealing the identity of the caller only if the caller proves the need for the data to protect his rights in court. The operator ensures data storage for three years after sending them to the subscriber.
