The Ministry of Justice and Human Rights ('the Ministry') announced, on 18 October 2021, that the National Authority for the Protection of Personal Data ('ANPD') issued a resolution in which it imposed a fine of 5.5 Tax Units which is the equivilant of PEN 24,200 (approx. €5,330) dismissing Banco Internacional del Peru S.A.A. - Interbank's appeal of a 2019 resolution for violations regarding the right to cancellation, and following a complaint by a citizen that the Interbank was constantly calling and sending text messages when said citizen did not have an account with Interbank and requested for their data to be eliminated.

Background to the resolution

Additionally, the ANPD outlined that if individuals receive calls from companies with which they have no relationship or do not want the companies to process their data for advertising purposes, they can request the deletion or opposition of their data through an administrative procedure in charge of the ANPD that Law No. 29.733 on the Protection of Personal Data 2011 calls a trilateral procedure for the protection of rights.

Findings of the ANPD

In addition, the ANPD outlined that the appellant did not maintain any link with Interbank (i.e. they did not have accounts or credit cards) and, despite this, they were constantly receiving calls and text messages. Moreover, the ANPD highlighted that Interbank did not prove that they had eliminated the citizen's personal data, which is why the ANPD ordered the blocking of the data duly verified.

Outcomes

The ANPD imposed the aforementioned fine and ruled that Interbank's appeal was unfounded.

You can read the press release here and the resolution here, both only avaliable in Spanish.