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Irish Data Protection Commission Case Studies |
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You are here: BAILII >> Databases >> Irish Data Protection Commission Case Studies >> Prosecution for sending unsolicited marketing faxes [2009] IEDPC 15 (2009) URL: http://www.bailii.org/ie/cases/IEDPC/2009/[2009]_IEDPC_15.html Cite as: [2009] IEDPC 15 |
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Unsolicited marketing faxes lead to prosecution [08/04/2010]
Early in 2009 I received a complaint from an individual concerning unsolicited direct marketing fax messages he had received in November 2008 and January 2009. The faxes were sent to his fax number by Company A promoting various holiday offers, competitions, hotel offers, etc. on behalf of a number of advertisers. In support of his complaint, the complainant supplied copies of the faxes he had received.
Regulation 13(1)(a) of S.I. No. 535 of 2003 (as amended) provides that marketing faxes may not be sent to individuals without their consent.
My Office commenced an investigation by contacting Company A. It informed us that the intended recipient of the fax messages in this case was a school. However, it said that it had entered the fax number of the school incorrectly on its database and, as a result, the faxes were sent to the wrong number. It confirmed to my Office that it had now removed the incorrect fax number from its database. I was satisfied that offences had been committed by Company A and I decided to prosecute the company in respect of those offences arising from previous interactions with it on the sending of unsolicited faxes where the legal requirements in this area were made clear.
In December 2009, in the Dublin District Court, Company A pleaded guilty in respect of one offence under Regulation 13(1)(a) of S.I. No. 535 of 2003 and two offences under Regulation 13(1)(a) of S.I. No. 535 of 2003 (as amended), in respect of the sending of direct marketing faxes to an individual without their consent on dates in November 2008 and January 2009. The Judge accepted the guilty pleas and Company A was convicted and fined a total of €2,250.
This was the first occasion on which I brought prosecution proceedings for an offence in respect of the sending of unsolicited marketing fax messages. Company A co-operated fully with my Office's investigation of this matter and indicated a willingness to plead guilty at the earliest opportunity, which further assisted matters.
