- Enforcing jurisdiction
- Spain · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Xfera Móviles SA – Complaint Upheld (Spain, 2020)
Privacy enforcement record
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Xfera Móviles SA refused to give a customer access to their call recordings after they requested it. This is significant because it shows that customers have the right to access their personal data.
What happened
Xfera Móviles SA denied a customer's request for access to recordings of their calls.
Who was affected
The customer who requested access to their call recordings from Xfera Móviles SA.
What the authority found
The Spanish data protection authority upheld the customer's right to access their call recordings under data protection rules.
Why this matters
This case reinforces the importance of customer rights regarding personal data access. Companies must be prepared to respond to such requests promptly and appropriately.
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On the 6th november, the complainant exercised her right of access against Xfera Moviles (the defendant). She did not get any response from the defendant. The complainant had asked the defendant for the recording of calls done between the 6th and 10th November 2019. She only received a response on the 14th November, where Xfera Moviles refused to grant her access to the recording of these calls. This refusal was made on the basis that recordings are for Xfera Moviles internal use only and would be given only as a result of a court order. The defendant argued that the request was not in exercise of the complainant's right of access under the GDPR. Instead, the defendant argued that the complainant wanted access to the data as a result of a disagreement regarding Xfera Moviles billing and contract with the complainant. Is a refusal to give the data subject recordings of her calls in breach of the data subject's right of access under Article 15? The Spanish DPA held that the complainant had exercised her right of access to the recordings in conformity with the GDPR. The DPA held that a voice recording is "processing" of "personal data" within the meaning of Article 4(1) and 4(2) GDPR. Therefore, the data subject has the right to request access to these recordings. The DPA did consider that such recordings could include personal data of third parties. Therefore, granting access to them might infringe the GDPR (processing without consent of the third party). However, it concluded that this was not an issue in this case as the complainant only requested access to recordings that she had herself made. The Spanish DPA established that it was not competent to investigate information concerning contracts and incidents linked to them. The Spanish DPA therefore upheld the complaint. It requested that Xfera Moviles respond to the access request within ten days.
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Related Enforcement Actions (0)
No other enforcement actions found for Xfera Móviles SA in ES
This is the only recorded action for this entity in this jurisdiction.
Details
Decision Date
28 September 2020
Authority
Agencia Española de Protección de Datos
About this data
Cite as: Cookie Fines. Xfera Móviles SA - Spain (2020). Retrieved from cookiefines.eu
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