To day, several media echo of how certain companies used minors as a hook to collect information about their family environment and in this way create databases for the sending of advertising to their homes or phone calls offering certain products or services. This is a common practice for years, offered a gift to the child in exchange for valuable information of parents (name, surname, address, phone, profession, etc.) With the entry into force Royal Decree 1720 / 2007 of 21 December, which approves the regulation of development of the organic law 15/1999, of 13 December, of protection of data of a personal nature, and more specifically its Art.13 makes explicit mention to the processing of data on minors by establishing the following: 1. may proceed to the treatment of data of over the age of fourteen with his consentexcept in those cases where required by law for your benefit assistance from the holders of parental authority or guardianship. In the case of children under fourteen years requires the consent of parents or guardians. 2. In no case may collect child, data allowing to obtain information about other members of the family group, or features thereof, such as data relating to the professional activity of the parents, economic information, sociological data, or any other, without the consent of the holders of such information. The data of identity and address of the father, mother or tutor with the sole purpose to obtain the authorization provided for in the preceding paragraph may however, collect. 3.
When the processing relates to data on minors, information aimed at them is expressed in a language that is easily understandable by those with express indication of this article if that article is analysed and at the same time the way of proceeding of the aforementioned companies, we see that each and every one of the paragraphs in the same are breach. Is It is asking for information to minors of 14 years without the consent of the parents. Not only collects information from children but they also collect data from their parents and the family environment. Does not comply with the duty of information as laid down in the data protection and the regulation of measures of security itself. This situation raises 2 possible avenues of action: 1.-informative lectures for children which is them instill that they should facilitate your data nor the members of their families, but who makes you understand a child of 8 years who cannot give their data, if in return they offer you a gift? 2 Another pathway is the denunciation of these companies before the Spanish Agency of data protection, by parents who observed this type of action.