Prosecution of Q - unsolicited marketing communications [2005] IEDPC 11

Prosecution of Q - unsolicited marketing communications [2005] IEDPC 11

Q was convicted because it made unsolicited marketing communications to individuals without their consent, in breach of Regulation 13(1)(b) of Statutory Instrument 535 of 2003.

Citation
[2005] IEDPC 11
Parties
Defendant: Q; Prosecutor: Irish Data Protection Commission
Jurisdiction
Ireland
Procedural Posture
Prosecution / Final Hearing and Conviction
Outcome
conviction and fine
Legal Topics
Unsolicited Marketing Communications, Direct Marketing, Consent Requirements, Electronic Communications
Data Protection Privacy Law Telecommunications Law Unsolicited Marketing Communications Direct Marketing Consent Requirements Electronic Communications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Q

Defendant

Irish Data Protection Commission

Prosecutor

Procedural Posture

Prosecution / Final Hearing and Conviction

Legal Issues

  1. 1 Whether Q committed offences by making unsolicited marketing communications to individuals without their consent in breach of Regulation 13(1)(b) of Statutory Instrument 535 of 2003

Ratio Decidendi

Q was convicted because it made unsolicited marketing communications to individuals without their consent, in breach of Regulation 13(1)(b) of Statutory Instrument 535 of 2003.

Court Disposition

conviction and fine

Orders

  • Q convicted of five offences under Regulation 13(1)(b)
  • Q fined €300 per offence (total €1,500) plus €1,000 costs