Do you receive unwanted calls? You can ask for a confidentiality waiver

Deepak Gupta August 9, 2022
Updated 2022/08/09 at 2:57 PM

In 2020 the number of unwanted calls decreased, but in 2021 the number rose again. If you receive telephone calls from private, unidentified numbers, which are annoying due to their repetitive, threatening, slanderous or out-of-hours nature, without knowing who makes them, the citizen has the right to know the origin of the communication.

This situation is provided for in article 10 of Law no. 41/2004, of 18 August.

Unwanted calls: Request must be made to the operator

If you receive unwanted calls and want to know who is doing it, it is possible. The data protection commission received more than 300 complaints due to unwanted calls. It should be noted that the subscriber or telephone user can request this cancellation, for a period of 30 days, if the calls are "disturbing family peace or the intimacy of private life".

The request must be made in writing to the operator of the troubled person, with full identification, duly substantiated and as detailed as possible, with dates and times of communications, their content and other elements.

An opinion is subsequently requested from the National Data Protection Commission (CNPD) which is given within approximately 15 days. The confidentiality waiver is effective for a period of 30 days.

Before the call is established, an automatic recording is issued, informing the caller that, from that moment on, his number is no longer confidential in calls to the subscriber who requested identification. If the situation is not resolved, the victim may file a criminal complaint with the police authority or the Public Prosecutor's Office.

The use of telephone calls or text or image messages to stalk or harass other people may be part of the practice of the crime of stalking, provided for and punished in article 154-A of the Penal Code.

Calls that disturb family peace or the intimacy of private life should not be confused with phone calls within the scope of marketing actions or opinion studies, which, although they can also be disturbing and may come from confidential telephone numbers, are not covered. by Art. 10 of Law no. 41/2004, refers to the DN.

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