Some of Ireland’s leading telecommunications providers have been fined or paid sums to charity for breaching data protection laws.

The Office of the Data Protection Commissioner (ODPC) brought prosecutions against Vodafone, 02, Eircom and UPC.  The cases arose from complaints to the ODPC from consumers who, despite having expressly stated a desire not to be contacted, continued to receive unwanted calls and messages. All four pleaded guilty before the Dublin District Court on 21 March 2011 to charges arising from the making of unsolicited sales calls and the sending of text messages for direct marketing purposes without the prior consent of the recipients.

UPC received the largest fine as a result of eighteen separate breaches of the Acts.  In a case described by the ODPC as “one of the most serious cases, in terms of phone calls, that has ever come before the Data Protection Commission” the company attempted to call a customer 225 times over a 20-day period between May and June of 2009.  Consequently, UPC was fined €7,100. 

Vodafone was ordered to pay €3,850 relating to five infringements of the Acts as a result of sending unsolicited marketing texts. Both O2 and eircom pleaded guilty to one charge each, but were saved conviction, each agreeing to make a €2,000 donation to charity.

The ODPC stated its satisfaction at the outcome of the cases, which it said sent a strong message to companies that consumers care about their data protection rights.

These prosecutions once again highlight the complexities of this area of Data Protection law and serve as a reminder to companies to seek advice before engaging in direct marketing.  They must be aware of the legal implications of such activity and comply with the relevant laws.

Contributed by David Cullen.