Failure to suppress marketing preferences by Mobile network operator [2009] IEDPC 10 (2009)

Failure to suppress marketing preferences by Mobile network operator [2009] IEDPC 10 (2009)

The MNO failed to promptly and effectively suppress the complainants' marketing preferences due to technical and administrative errors, constituting a breach of its obligations under Regulation 13 of SI 535 of 2003.

Citation
[2009] IEDPC 10
Parties
Complainant: Complainant 1; Complainant: Complainant 2; Respondent: Mobile Network Operator (MNO)
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Decision by Data Protection Commissioner
Outcome
Warning issued to MNO; complaints resolved by apology and ex gratia payment.
Legal Topics
Direct Marketing, Customer Consent, Suppression of Marketing Preferences, Administrative Error, Data Processor Liability
Data Protection Privacy Law Direct Marketing Customer Consent Suppression of Marketing Preferences Administrative Error Data Processor Liability

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Parties

Complainant 1

Complainant

Complainant 2

Complainant

Mobile Network Operator (MNO)

Respondent

Procedural Posture

Data Protection Complaint / Decision by Data Protection Commissioner

Legal Issues

  1. 1 Whether the MNO failed to respect customers' requests to opt out of direct marketing communications
  2. 2 Whether the MNO complied with its obligations under Regulation 13 of SI 535 of 2003

Ratio Decidendi

The MNO failed to promptly and effectively suppress the complainants' marketing preferences due to technical and administrative errors, constituting a breach of its obligations under Regulation 13 of SI 535 of 2003.

Court Disposition

Warning issued to MNO; complaints resolved by apology and ex gratia payment.

Orders

  • MNO to ensure marketing preference changes are recorded and updated within 48 hours.
  • MNO to provide data protection training to staff and update guidance for direct marketing personnel.