Having noted the contents of a communication which Sonaecom S.A. issued to its customers with the aim of finding out whether these customers were willing for their data to be included in the directories and information services of the universal service (US), it is incumbent on ANACOM to express its surprise and dissatisfaction with respect to the doubts expressed therein as to whether the universal service provider is in compliance with the rules governing the protection of the privacy of such data.
ANACOM does not consider that a circular communication of this type is the proper vehicle for expressing such reservations, and that it may never be implied that the provider of the universal service is responsible for actions which are not attributable to it. Furthermore, this authority is not aware of any conduct of the company in question that might justify the suspicions implied in the communication issued by Sonaecom, S.A..
Statement
Consequent to a letter received from ACOP - Associação dos Consumidores de Portugal (Consumer Association of Portugal), this Authority has become aware of the contents of the communication which Sonaecom - Serviços de Comunicações, S.A. circulated to its customers with the aim of knowing whether these customers were willing for their personal data to be included in the directories and information services of the universal service.
It is incumbent on ANACOM to express its surprise and dissatisfaction with respect to the doubts expressed in said communication as to whether the universal service provider, PT Comunicações, S.A., is in compliance with the rules governing the protection of the privacy of such data.
ANACOM does not consider that a circular communication with said declared purpose is the proper vehicle for expressing such reservations, and that it may never be implied that the provider of the universal service is responsible for actions which are not attributable to it. Furthermore, this authority is not aware of any conduct of the company in question that might justify the suspicion implied in the communication issued by Sonaecom - Serviços de Comunicações, S.A..
It is noted that the references in question objectively discourage customers from expressing their willingness with respect to the inclusion of their data in directories and information services of the universal service, without real justification, thereby constituting a tendentious act which is contrary to the interests of such customers.
