📋 Tender Overview
Norma points out that citizens have the right to refuse, revoke or oppose the processing of their personal data for advertising and commercial prospecting by telephone. This March 31, 2025, the new Regulation of Law No. 29733, Personal Data Protection Law (LPDP), approved by Supreme Decree No. 016-2024-JUS, which develops how to request the consent to receive advertising or commercial prospecting calls, and thus avoid the unauthorized calls. In accordance with article 26 of said standard, you can only make a call to request the consent, for the first time, if the following requirements are met:
The data used must have been obtained from a lawful source.
In the first contact, the call aims to request consent to use the data for advertising or commercial prospecting in general. Obtaining consent must be given prior to the offer of specific products or services.
In case the citizen manifests the refusal to their data being used for advertising or commercial prospecting purposes, it cannot be contacted again for that purpose.
In case an entity hires a manager to make the calls to establish a first contact (example, a call center), the means must be established for the person in charge to send the contact refusal to the treatment person in charge (the one in whose interest the treatment is carried out).
In all cases, citizens have the right to refuse, revoke or oppose the processing of their personal data for advertising and commercial prospecting purposes, for which the person responsible for the treatment must provide a simple and free means to process said request, which must be met within the maximum period of ten (10) days.
Refusing, revoking or opposing the processing of personal data for advertising and commercial prospecting purposes, should not have greater complexity than the employee to grant consent. In this regard, Eduardo Luna Cervantes, director of the National Personal Data Protection Authority (ANPD), said that these details should result in a more rational offer of goods and services through commercial content calls. And, above all, to properly channeled the oppositions of citizens who do not want to be contacted by these.
On the other hand, the new LPDP regulation also establishes the obligation to notify the ANPD for security incidents that affect a large number of people, or when it implies the violation of sensitive data. This notification must be carried out within a maximum period of 48 hours after having taken knowledge of the incident.
Citizens who consider that their personal data have been violated may file a complaint through the table of face -to -face or virtual parts; In the same way to make your queries through the telephone exchange 204-8020 Annex 2410, or to the mail Protectusdatos@minjus.gob.pe.
