At Telefónica, we have a Global Rule on Requests made by Competent Authorities that establishes a uniform procedure for all Group companies on how to assess and respond to these requests.
The Global Rule guarantees compliance with legal obligations vis-à-vis Competent Authorities, while protecting the fundamental rights of the individuals concerned. Petitions are rejected if they do not originate from Competent Authorities empowered by law (e.g. requests submitted by private entities or persons) or if they do not comply with established legal procedures. Exceptional requests are raised within the company and dealt with accordingly.
The requests we receive are dealt with in accordance with the applicable national legislation in each country, and in accordance with the following principles:
- Confidentiality: we treat the request and the written response with a guarantee of strict confidentiality, in accordance with the levels set out in our corporate standard for the classification and processing of information.
- Completeness: we analyse the request in detail and in its entirety to determine whether or not it complies with national legislation.
- Justification: we analyse whether the request meets all the requirements, both from a procedural and substantive point of view, in order to be processed in accordance with national legislation.
- Proportionality: we interpret the request in such a way as to minimise negative impacts on the rights and freedoms of individuals, and in particular, with regard to the secrecy of communications, personal and family honour and intimacy, privacy and freedom of expression.
- Political Neutrality: in accordance with our Business Principles, we remain neutral at the political level and at no time take a position, directly or indirectly, for or against any political party.
- Diligent response: we treat each request with diligence, attending to its urgency and, in any case, observing the deadlines established in accordance with each applicable law.
- Security: we organize the process of reception, storage and communication under strict security measures.
In addition, we guarantee the participation in the process of the areas with legal competences, and having fixed interlocutors as a single point of contact in our relationship with these authorities. All this in accordance with a process of reception, processing, response and registration, which allows us to monitor and control each request we receive.
The requests which, due to their characteristics and exceptional nature so require, are analysed by the heads of the respective Responsible Unit by means of an appropriate weighting of all potentially compromised interests, including human rights, fundamental freedoms or other interests which may be applicable and, if circumstances arise, by the bodies within each Company whose functions include the evaluation and management of these types of exceptional situation.
Telefónica is unable to inform data subjects regarding any requests made by a Competent Authority as required by applicable laws.