FAQs
To whom do I complain?
A complaint can either be made to this office (who may prosecute persistent offenders) or to the Commission for Communication Regulation (ComReg), who may issue enforceable directions against certain bodies.
Those wishing to complain to ComReg should phone their consumer line at (01) 8049668 or visit the ComReg website.
FAQs
How do I remove a deceased person from a direct marketing database?
This should be done in the standard way by writing to the organisation (data controller) and explaining the circumstances. In the vast majority of cases, this will be respected, as the data controller will have no business case for continuing to send direct marketing in such cases.
FAQs
If my landline number is recorded on the National Directory Database (NDD) Opt-Out Register, will I still receive marketing calls from people I do business with?
Yes, unless you instruct these people that you do not wish to receive marketing calls from them on your landline telephone number, they can rely on consent arising from any consent you may have given as part of that existing relationship to market you regardless of what preference may be recorded in the National Directory Database.
FAQs
If my landline provider fails to record my preference to be placed on the opt-out register of the National Directory Database (NDD), what can I do?
This is a matter for the Commission for Communications Regulation (ComReg), which takes it seriously, and you should contact ComReg at (01) 8049668. For more information, visit the ComReg website.
FAQs
How do I know what preference has been recorded in relation to my landline telephone number?
Any landline telephone subscriber has a right to ask his/her service provider for a copy of his/her listing in the National Directory Database. The service provider has a right to charge a fee for this service.
FAQs
Can my mobile phone be targeted for marketing phone calls?
Under the ePrivacy Regulations (SI 336 of 2011) marketing calls to mobile phones are prohibited unless:
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The caller has been notified by the subscriber or user that he or she consents to the receipt of such calls on his or her mobile telephone, or
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The subscriber or user has consented generally to receiving marketing calls and that such consent to receive marketing calls is recorded in the National Directory Database in respect of his or her mobile telephone number.
FAQs
I am receiving nuisance/threatening phone calls, what can I do?
This is a matter for your phone provider and the Gardaí to examine. Your data protection rights relate to calls for direct marketing purposes. If there are subsequent concerns in relation to the manner that your phone number became known to the person making the calls then there may be a data protection issue that this office can pursue.
FAQs
Are there ways of stopping unsolicited direct marketing mail contacts?
Unsolicited direct marketing mail can be stopped by sending back an opt-out request to the sender. A description of how to do this should have been provided with the communication received. Your preference not to receive further marketing mail must then be respected by the marketer. If you have concerns as to where your contact information was sourced by the marketer in the first instance, you should seek an explanation from the marketer concerned.
FAQs
Can customers object to electronic direct marketing?
The ePrivacy Regulations provide that individuals have the right to object to receiving electronic direct marketing and that a valid address to opt-out must be included with each marketing communication.
FAQs
Is consent explicitly required for all cases of electronic direct marketing?
The general rule for electronic direct marketing is that it requires the clear, affirmative consent of the recipient (such as by specifically opting-in) under Regulation 13 of the ePrivacy Regulations.
Nevertheless, consent is not specifically required in respect of every instance of electronic direct marketing, and there is an exception to the general requirement for consent, but only in cases involving existing customers, where certain other conditions are also met.