What is cheap can be expensive and if we see that a smartphone has a strangely low price for what it offers, there may be a cat trapped. That is precisely what happened with the infiniton mobile phonesa Spanish brand, although made in China, which included advertising malware as standard.
This is attested to by a resolution to a complaint before the Spanish Data Protection Agency (AEPD), who, despite verifying this matter, have not sanctioned the case.
Serial advertising malware on mobiles
If we take a look at the complaint filed with the AEPD by AAA, initials of the affected party, on his Infiniton brand mobile that he bought «unsolicited advertisements are constantly displayed. Not only has authorization not been requested, but also the messages hamper the normal use of the terminals, and lead to high battery consumption and data usage.
“The origin of the messages appears to be two components that are factory installed on the terminals and cannot be removed or restricted. As the affected person has been able to find out, many websites equate them with computer viruses.
After contacting both the mobile brand and the store where you bought the phone, “He has managed to get them removed [esos dos componentes], though only temporarily. After taking one of them to the official technical service of the brand to repair, the problem has been observed again. It is questioned whether these elements have other purposes besides advertising, since their function, the data they collect, and on whose behalf they are not informed at any time«. Therefore, after returning to the starting point regarding the appearance of ads, he decided to report the case to the Spanish Data Protection Agency.
The AEPD washes its hands
Despite the fact that the AEPD considers that, in accordance with the provisions of article 21.1 of the LSSI (Law on Services of the Information Society and Electronic Commerce), «It is prohibited to send advertising or promotional communications by email or other equivalent means of electronic communication that had not previously been requested or expressly authorized by the recipients of the same”, has not had any impact on the Infiniton brand.
“In the present case analyzed, even when the identity of the supposedly unlawful act has occurred, it has not been possible to determine with the necessary precision that the action object of the claim was a consequence of the action or inaction of the defendant, missing, therefore, one of the factual assumptions that are essential to be able to understand that an administrative offense has occurred.
“Therefore, based on what is indicated in the previous paragraphs, no evidence has been found that proves the existence of an infringement in the field of competence of the Spanish Agency for Data Protection when not having the mandatory evidence of committing an offense by the claimant.”