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TMCNet:  'Telefonica fined over contracts with underage children'

[December 10, 2008]

'Telefonica fined over contracts with underage children'

(DMeurope Via Acquire Media NewsEdge)
The Spanish Agency for Data Protection (AEPD) has fined mobile operator
Telefonica Moviles around EUR 230,000, El Pais reports. Telefonica is
accused of having signed service provision contracts with three
underage children in Spain and using their data in an irregular manner,
by including them in the bad debtors list. The ruling is a first in
Spain and orders the operator to pay two fines of EUR 70,000 each and
one of EUR 90,000. The Data Protection law stipulates that no one
should use data from children under 14 years of age, without the prior
consent of their parents or legal guardians. Telefonica Moviles says it
was unaware that the users were underage, and explains that "in no case
may we provide a minor with a contract. If he is interested [in a
service provision contract] we suggest the possibility of doing it in
the name of the parent or guardian". However, the company admits having
used the minors' data "without conducting the necessary investigations
with regard to their age and without requiring the authorization of
their legal representatives."

(Distributed for via M2 Communications Ltd (

Copyright ? 2008 M2 Communications Ltd.

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