G and W: Cold calling [2006] IEDPC 2

Failure to check marketing databases against the NDD opt-out register and use of outdated lists constituted breaches of data protection legislation; remedial actions were required to ensure compliance.

Citation: [2006] IEDPC 2
Parties: Respondent: G; Respondent: W; Decision Maker: Irish Data Protection Commission
Jurisdiction: Ireland
Procedural Posture: Data Protection Complaint / Final Determination
Outcome: breach found; remedial measures implemented; no further substantive complaints received
Legal Topics: Direct Marketing, Unsolicited Communications, Opt Out Registers, Database Compliance

Data Protection Privacy Law Direct Marketing Unsolicited Communications Opt Out Registers Database Compliance

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Respondent

Irish Data Protection Commission

Decision Maker

Procedural Posture

Data Protection Complaint / Final Determination

Legal Issues

1 Whether G and W made unsolicited marketing calls to individuals listed on the National Directory Database opt-out register
2 Whether G and W failed to check their marketing databases against the NDD opt-out register
3 Whether use of out-of-date marketing lists constitutes a breach of data protection legislation

Ratio Decidendi

Court Disposition

breach found; remedial measures implemented; no further substantive complaints received

Orders

G and W required to revise procedures to ensure compliance with NDD opt-out register
W required to delete out-of-date databases and check marketing lists fortnightly against NDD