The National Supervisory Authority for Personal Data Processing carried out an investigation in April 2009 at S.C. Orange Romania S.A., following a complaint.
During control, it was found out that the mobile phone number of a client was used to transmit unsolicited commercial communications, like SMS, without obtaining the unequivocal and express consent by S.C. Orange Romania S.A. Otherwise, the client expressed his option not to receive this type of messages.
We stress out that, according to existing regulations, it is prohibited to make electronic communications by using automatic operating systems, which does not require human intervention by fax or e-mail or by any other method that uses electronic communication services intended for the public, without pre-consent of the recipient.
Thus, S.C. Orange Romania S.A. was sanctioned with a contraventional fine in quantum of 5.000 RON, for committing the contravention of not complying with the legal provisions referring to unsolicited commercial communications.
In this context, we state that each person is entitled to oppose at any moment, on founded and legitimate grounds concerning his/her situation, that his/her personal data to be processed, if there are no legal dispositions opposing it. Exercising the right to object is carried out by sending a written letter, dated and signed, to the concerning legal person, which has to reply within 15 days.
The persons of whose personal data are object to the processing have the possibility to send a complaint to the National Supervisory Authority for Personal Data Processing, after they have addressed to the controller.