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Dáil Éireann díospóireacht -
Tuesday, 7 Oct 2003

Vol. 571 No. 4

Written Answers. - Unsolicited Electronic Communications.

Willie Penrose

Ceist:

121 Mr. Penrose asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the serious cost and inconvenience being caused to private and commercial e-mail users as a result of spam; when the promised regulations to control spam will be in place; and if he will make a statement on the matter. [22062/03]

Spam is a growing problem and remedial action is urgently required. Recent figures released by the European Commission indicated that about 48% of global e-mail traffic was spam and that time wasted in clearing inboxes cost firms €2.5 billion in productivity. Aside from significant costs to recipients, Internet service providers and network operators are also finding that spam is having a considerable impact and is clogging global communications networks and interfering significantly with legitimate data transmission.

The issue of spam to businesses requires careful consideration. It is important that any measures introduced do not impede legitimate marketing by reputable companies. The effects of measures on small and medium enterprises have also to be considered. E-mail is a hugely important marketing and communication tool. It is important in that context to achieve an appropriate balance between measures to combat spam and to facilitate the use of electronic communications as a driver for further development and increased productivity.

The European Commission and the member states of the EU have agreed a co-ordinated approach and are also determined to ensure that progress is made on global measures to deal with this phenomenon. Measures are being considered at OECD level and also by the International Telecommunications Union, an organisation affiliated to the United Nations. It is anticipated that discussions on additional co-operative measures will take place over the coming months.

My Department is currently transposing EU Directive 2002/58/EC on the processing of personal data and the protection of privacy in the electronic communications sector. The directive contains requirements regarding the control of unsolicited commercial e-mails or spam. It is due to be transposed into Irish law by 31 October 2003. I expect the Department to meet that deadline.
The Department is currently considering responses to the public consultation on the draft regulations transposing the EU directive, prior to finalising the text. The new regulations will prohibit the sending of spam to individuals without their prior consent. For the purposes of the regulations the definition of spam will also include the short message service, SMS, so popular with mobile phone users. The incidence of spam on mobile phone networks is also increasing to unacceptable levels.
Initially business will have access to a less restrictive regime for spam. They will have the facility to notify individual companies or organisations which have sent unsolicited commercial e-mails or spam that they no longer wish to receive such communications. It is intended to provide for specific offences in the proposed regulations to deal with any non-compliance.
My Department is also considering the necessity for further regulation in the area of spam for business and will be monitoring the impact of the regulations with a view to recommending further legislative action if considered necessary.
Barr
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