The case began in February 2003 when Gustavo Tanus and Pablo Palazzi, decided to resort to the courts after the defendant ignored his requests that they send more e-mails with unsolicited advertising.

It is recalled that the November 11, 2003 was issued the first injunction in that case. In that decision the judge ruled that the defendants should refrain from sending emails to the players for the duration of the dispute. In addition to prohibiting the defendants sent e-mail boxes of the actors, the measure had provisions that should also refrain from “transfer or assign to third parties the email addresses or other personal information related to them (arts. 1 , 2, 5, 11 and 27 of Law 25326 on the Protection of Personal Data), pending finalization of the litigation.

In the application, accompanied Palazzi Tanus and copies of emails received, containing addresses that supposedly could ask to be removed from the distribution list, but that never worked, and those who sent them to exercise the rights recognized by the Data Protection Act. In addition to the case was an extensive expertise and demonstrated that Tanus Palazzi had received emails with advertising, had asked to be removed and had not received a reply since continued to receive offers by email.

The ruling is based on data protection law in Argentina, which specifically regulates the marketing and communication in art. 27 provides that those who receive such communications are entitled to access personal data and ask to be removed from the database (Art. 27 Law 25,326). If not, it remains concerned at the possibility of initiating an action of habeas data. The judge’s decision also states that the defendants had a database and to provide a service that allows sending emails sender address hiding violate ss. 6 inc “and” 14 and the law of habeas data as this action impossible or difficult to access the database. Finally noted that the processing of data from the different actors with a purpose contrary to the principle of purpose provided by law 25326.

On the legislative front, the Ministry of Communications has prepared a draft containing heavy fines for those who practice spam, but the project never won state legislature. At present, are pending in Congress, two bills seeking to regulate unsolicited e-mail known as spam, although it is unknown what state are the procedures.

The problem of spam, which in these years came to constitute more than half the e-mail circulating around the network, which is borne the costs of advertising on the person receiving the message (Internet users) and not those who sent. Then there is the damage it causes to the Internet service providers who have to process them and that filters to stop or programs are not 100% effective.

yes, it inherited from the sanctioning powers on spam last year as a result of the General Telecommunications Law, the AEPD has done research on 97 ’spam’, which led to the initiation of infringement proceedings 14 laws.

Pinar said today after appearing before the Commission on the Information Society and Knowledge of the Upper House, in the 14 procedures, six have already been completed, resulting in two serious because massive commercial – sanctioned each with a minimum, 30,001 euros – and two other minor offenses, while the latter two were closed.

Pinar justified because of the severe penalties that responded “perfectly” to the profile. “It was applied as the law is established, communications are massive, there was no prior contractual relationship and had not received the express consent for the communication,” he explained.

So far, most cases detected involving small and medium-sized Spanish enterprises engaged in commercial computing and communications products. However, noted that in other cases the spam is broadcast from outside Spain, the Agency has requested the cooperation of the competent authorities in those countries

During his speech in the Senate, the head of the AEPD underscored the difficulties of prosecuting the ’spammers’ and said that “one in 300,000 recipients’ email response to attempts to steal data’ phishing ‘, this practice “profitable” to be “low cost” of a mandar e-mail.

70% of ‘E-MAILS’ IS ‘SPAM’

On that basis, he said that currently over 70 per cent of global email traffic is spam, which implies important consequences for privacy and protection of users, and that “undermines confidence” in electronic commerce and in the Information Society.

Also alluded to the costs involved in spam for companies, which are needed to estimate 15 to 20 minutes daily for users to remove the ’spam’, generating “tens of billions of euros lost in productivity. That is why it encouraged the Internet to denounce this practice and requested the cooperation of Internet service providers (ISP).

Pinar used his appearance to criticize the limitations faced by the AEPD. Thus, he explained that although the theoretical template of the institution is 114 people, have not been able to fill all the squares in the absence of physical space. “We have a serious problem in because the seat is designed for 60 people,” he added, so that there are tables in the hallways. ”

It further considered that the budget of 7 million euros was “extremely modest” and said that the staffing of the AEPD is “clearly insufficient to ensure data protection.” I therefore concluded that, “or increase the means, or can be AEPD collapsed” to the increase in complaints and the need to work quickly.