Communications Minister Eamon Ryan has signed new legislation to tackle spamming and other unsolicited communications.
The regulations, which come into effect immediately relate to all unsolicited mail sent by email, text message or fax.
Under the new regulations, unsolicited mail for direct marketing purposes will be an indictable offence. The Data Protection Commissioner can refer serious breaches of the legislation for prosecution through the Circuit Court where fines of up to €250,000 or 10% of the company’s turnover, whichever is greater, can be imposed.
Fines for less serious offences will increase from €3,000 to €5,000.
Minister Ryan, “Unwanted communication, either by email or to a mobile phone is more than a nuisance – it wastes money and energy. Millions every year are lost to Irish companies through lost productivity as spam clogs inboxes and crashes servers.
Spam is a serious threat to the internet, taking up valuable space on servers and posing a significant security risks through viruses.
Importantly, such communication is a serious invasion of our privacy. More and more we are seeing marketers contact the consumer via their mobile phone. Evidence shows that spamming increases during the Christmas holidays making these regulations timely.
The Data Protection Commissioner who will oversee the enforcement of these new laws has reported an eight-fold increase in complaints received.
Making spamming an indictable offence with a hefty price tag for the offenders gives Ireland one of the most stringent enforcement regimes in Europe.
Spam is spam and it has no future. Marketers must carefully build up relationships with their customers over time and make sure that any marketing has the permission of the consumer.
This will help secure our digital economy as well as reducing costs and annoyance.’
-ENDS-
Note to editors:
The number of complaints made to the Data Protection Commissioner in relation to spamming has increased from 66 in 2005 to 538 in 2007.
The new regulations known as ‘European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy)(Amendment) Regulations’ were notified in this week’s edition of Iris Oifigiúil.
If you wish to make a complaint in relation to spam, you can contact the office of the Data Protection Commissioner, Canal House, Station Road, Portarlington, Co. Laois. LoCall 1890 25 22 31 - Phone 00353 57 868 4800 - Fax 00353 57 868 4757 - email info@dataprotection.ie
For further information, please contact:
Press Office
Department of Communications, Energy &
Natural Resources
T: 678 2441 / 087 7708631
E.mail: press.office@dcenr.gov.ie