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Ireland
– Communication Regulation
Commission
The
Irish
Government has formally signed a law outlawing spam. The law gives effect to
new EU regulations banning the sending of unsolicited e-mails or text messages
to the general public. Ireland passed the self-titled European
Communities (Electronic Communications Networks and Services) (Data Protection
and Privacy) Regulations 2003. Regulation 13 is about spam, and it starts
strong with mandatory opt-in for unsolicited spamming. The Data
Protection Commissioner receives and investigates complaints on breaches of
regulation 13 of Statutory Instrument 535 of 2003 which makes it an offence to
send unsolicited marketing messages. In 2004, 131 complaints were
received. Regulation 19 grants
enforcement powers to the Commission
for Communications Regulation (abbreviated as "Regulator" in the
regulations). The Regulator, in consultation with the Data
Protection Commissioner, may also specify the form and any other
requirements regarding the obtaining, recording and rescinding of the consent of
subscribers for the purposes of these Regulations. The punishment granted to the
Commission is a warning.
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