Individuals prosecuted for the sending of unsolicited marketing text messages [2010] IEDPC 5 (2010)

Individuals prosecuted for the sending of unsolicited marketing text messages [2010] IEDPC 5 (2010)

The court found that the prosecution had proven its case against one defendant for sending unsolicited marketing text messages without opt-out mechanisms, establishing that individuals as data controllers are liable under Regulation 13.

Citation
[2010] IEDPC 5
Parties
Prosecutor: Data Protection Commission (Ireland); Defendants: Two business owners of Company X
Jurisdiction
Ireland
Procedural Posture
Criminal Prosecution / Trial and Judgment
Outcome
conviction and fines for one defendant; acquittal for the other
Legal Topics
Unsolicited Marketing, Electronic Communications, Opt Out Requirements, Data Controller Liability
Data Protection Criminal Law Unsolicited Marketing Electronic Communications Opt Out Requirements Data Controller Liability

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Parties

Data Protection Commission (Ireland)

Prosecutor

Two business owners of Company X

Defendants

Procedural Posture

Criminal Prosecution / Trial and Judgment

Legal Issues

  1. 1 Does Regulation 13 of SI 535 of 2003 (as amended) apply to individuals acting as data controllers in sending unsolicited marketing text messages?
  2. 2 Were the defendants liable for sending unsolicited marketing text messages without opt-out mechanisms?

Ratio Decidendi

The court found that the prosecution had proven its case against one defendant for sending unsolicited marketing text messages without opt-out mechanisms, establishing that individuals as data controllers are liable under Regulation 13.

Court Disposition

conviction and fines for one defendant; acquittal for the other

Orders

  • Conviction on one charge of sending unsolicited marketing text message in contravention of Regulation 13(1)(b) of SI 535 of 2003 (as amended) and fine of €1,000.
  • Conviction on one charge of sending marketing text message without valid opt-out address in contravention of Regulation 13(8) and fine of €1,000.