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It corresponds to the responsible for the file or for the treatment to prove the fulfillment of the duty of information of the article 5 of the LOPD. The annulment of the article 18 of the RLOPD for the Sentence of the Supreme Court of 15 July 2010, entails freedom in the way of proving the fulfillment of the duty of information of the article 5 of the LOPD, but, it, does not exempt the responsible for the file from proving the fulfillment. In the collection of personal character data telephonic way the recording of the call, or of the part of this in which he is informed or manifests to be informed of the informative clause is an advisable means to prove the fulfillment of the duty of information.