Personal data must have the property

[rakhirhif8963]

But it is wrong to consider a simple fact of visiting a site as an application. It seems that the user is being punished for being intractable. It turns out to be some kind of gray scheme.

And it's also illegal.

How Legal Is This? - Lawyer's Comment

Andrey Tishkovsky,
Intellect-S Law Firm
Does the specified method of finding out a phone number violate the law on the processing of personal data?

No.

Processing only telephone numbers does not violate the legislation on personal data, since a telephone number without the name of its owner does not belong to the category of personal data.

of relating the data directly or indirectly to a specific natural person.

What if, in addition to the phone number, they find out your last name and first name?

Then this is personal data. Even a phone student phone number data and one name, without a last name.

Unless you've made your phone number public, such as by posting it on social media.

What is the punishment for such calls?

For illegal processing of personal data, a fine of 5,000 to 10,000 rubles is established for legal entities (Article 13.11 of the Code of Administrative Offenses of the Russian Federation). Complaints are considered by Roskomnadzor.

In addition, a call without the client's consent is a violation of advertising legislation. If the advertiser cannot prove that the client has given such consent, the FAS will hold the advertiser administratively liable (14.3. Code of Administrative Offenses of the Russian Federation). Fines range from 100,000 to 500,000 rubles.

Client Case: Yandex sanctions for clickjacking
Yandex demotes sites with clickjacking in search results, which he wrote about in his blog.

How it manifested itself
We saw a significant drop in positions for one of our clients on February 1 (the screenshot shows the restoration of positions after the violations were removed):

not-in-filter-now

The warning in the Webmaster panel (beta version) looks like this:

webmaster-warning-clickjacking

We wrote a letter to Yandex and received a response: sanctions were imposed for using clickjacking.