In March, the Plenary of Congress approved prohibiting spam calls for commercial purposes, the signature of which was sent to the Executive for its promulgation, but it has chosen to observe it, arguing that, “despite affecting fundamental rights” a proportionality test is needed, because as the norm is raised, it can affect the freedom of enterprise.
Said test or analysis must weigh the principles of suitability, necessity and proportionality of the restrictive measure. In addition, it is specified that the provision that providers can only send information and advertising when consumers contact them directly limits the economic freedoms constitutionally recognized in articles 58 onwards of the Magna Carta.
“By not counting the opinion supported by the Autograph of Law, with the proportionality test (…) and the right to information about the goods and services that are available to them in the market (article 65 of the Political Constitution From Peru), it can be affirmed that the legislative proposal is not adequately supported”says the document.
Congress could pass measure at insistence
It is noted that establishing a prohibition to contact consumers goes against article 28 of the Personal Data Protection Law, which specifies that the first contact is aimed at collecting user consent for advertising or commercial projection purposes. The document states that the consumer is affected, while the suppliers could communicate at any time within the days and hours not prohibited.
In addition, the ruling has not considered that the problem to be solved requires coordinated intervention by various public institutions and the private sector, and could have a negative impact on the labor market in the telecommunications sector.
Since Tuesday, May 2, the autograph is in the Consumer Defense Commission, where the observations of the Executive must be analyzed point by point and decide whether to accept them, totally or partially. If you do not consider what is indicated, Congress has the power to approve the norm by insistence.
Source: Larepublica
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