Harvesting of mobile numbers from a website for the sending of marketing text messages [2009] IEDPC 5 (2009)
The company breached data protection regulations by sending unsolicited marketing messages without prior consent and without a cost-free opt-out option, but resolved the matter amicably by ceasing the activity, deleting the data, and making a charitable donation.
- Citation
- [2009] IEDPC 5
- Parties
- Complainant: Complainant; Respondent: Energy Efficiency Testing Company
- Jurisdiction
- Ireland
- Procedural Posture
- Data Protection Complaint / Investigation and Resolution
- Outcome
- amicable resolution; no prosecution
- Legal Topics
- Unsolicited Marketing, Direct Marketing, Electronic Communications, Consent, Opt Out Requirements
Case Brief
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Parties
Complainant
Complainant
Energy Efficiency Testing Company
Respondent
Procedural Posture
Data Protection Complaint / Investigation and Resolution
Legal Issues
- 1 Whether the company unlawfully harvested and used a mobile number from a website for unsolicited marketing text messages
- 2 Whether the company failed to provide a cost-free opt-out option in the marketing message
Ratio Decidendi
The company breached data protection regulations by sending unsolicited marketing messages without prior consent and without a cost-free opt-out option, but resolved the matter amicably by ceasing the activity, deleting the data, and making a charitable donation.
Court Disposition
amicable resolution; no prosecution
Orders
- Company ceased marketing activity
- Company deleted complainant's personal data
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