Data Protection Commission welcomes latest successful prosecutions of marketing offences

The Data Protection Commission today welcomed the outcome of the prosecution proceedings that were taken by it at the Dublin Metropolitan District Court against Chill Insurance Limited, Hidden Hearing Limited, The Multiple Sclerosis Society of Ireland and Vodafone Ireland Limited.

Chill Insurance Limited pleaded guilty to two charges in relation to breaches of the regulations which apply to the sending of unsolicited marketing communications without consent and with no valid opt out (Regulation 13 of Statutory Instrument 336 of 2011). The two charges related to the sending to one individual of one unsolicited marketing SMS message without consent and without a valid opt out.

The Court applied the Probation of Offenders Act 1907 on the basis of a charitable donation of €500 to Little Flower Penny Dinners. Chill Insurance Limited agreed to discharge the DPC’s legal costs.

Hidden Hearing Limited pleaded guilty to four charges in relation to breaches of the regulations, which apply to the sending of unsolicited marketing communications without consent (Regulation 13 of Statutory Instrument 336 of 2011). The four charges related to the sending of unsolicited marketing SMS messages and telephone calls to four individuals without their consent.  

The Court applied the Probation of Offenders Act 1907 on the basis of a charitable donation of €500 to Little Flower Penny Dinners. Hidden Hearing Limited agreed to discharge the DPC’s legal costs.

The Multiple Sclerosis Society of Ireland pleaded guilty to one charge in relation to breaches of the regulations, which apply to the sending of unsolicited marketing communications without consent (Regulation 13 of Statutory Instrument 336 of 2011). The one charge related to the sending of an unsolicited marketing email to one individual without their consent. 

The Court applied the Probation of Offenders Act 1907 on the basis of a charitable donation of €500 to Little Flower Penny Dinners. The Multiple Sclerosis Society of Ireland agreed to discharge the DPC’s legal costs.

Vodafone Ireland Limited pleaded guilty to one charge in relation to breaches of the regulations, which apply to the sending of unsolicited marketing communications without consent (Regulation 13 of Statutory Instrument 336 of 2011). The one charge related to the sending of an unsolicited marketing email to one individual without their consent. 

The Court convicted Vodafone Ireland Limited on the one charge and it imposed a fine of €500. The company was given three months to pay the fine. The court was told that Vodafone Ireland Limited had previous convictions in relation to offences prosecuted by the Data Protection Commission concerning unsolicited marketing communications. Vodafone Ireland Limited discharged the DPC’s legal costs prior to the hearing.

Today’s outcome should serve as a reminder to all organisations that are engaged in any form of electronic marketing, such as by email, text message or cold calling, that non-compliance with the regulations may result in a criminal prosecution by the Data Protection Commission.