AEPD Resolution: Simyo Denied Voice Recording Access

The Spanish Data Protection Agency (AEPD) has issued a resolution concerning a complaint against Simyo (Orange España Virtual, S.L.) regarding the denial of a consumer's right of access to voice recordings. The complainant requested recordings of a SIM swap process that allegedly occurred without their consent, citing identity theft. Simyo initially refused to provide the recordings, stating they would only be released under judicial order, a requirement not stipulated by data protection law (LOPDGDD).

This case highlights the importance of correctly applying data protection rights, specifically the right of access. Regulated entities must ensure they do not impose unlawful conditions, such as requiring judicial orders, for fulfilling such requests. While Simyo eventually complied after the complaint was filed, this action underscores the potential for enforcement and the need for clear internal procedures to handle data access requests, especially in cases involving potential fraud or identity theft. Failure to comply with data protection rights can lead to investigations and resolutions by data protection authorities.