Dáil Éireann Debate, Thursday - 1 April 2004
44 Mr. Howlin asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to reports that mobile phone users are being enticed into spending up to €100 million in vain attempts to win cash prizes through text messages; the steps he intends to take to prevent the exploitation of mobile phone users in this way; and if he will make a statement on the matter. [10214/04]
Amharc ar fhreagraI have no function in this matter. The onus lies with mobile phone users to exercise due care before entering any such competitions. However, some such enterprises are covered by EU Directive 2002/58/EC, the directive on privacy and electronic communications, transposed into Irish law on 6 November 2003 via the Electronic Communications (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 — S.I. No. 535 of 2003. The aforementioned regulations provide for restrictions on unsolicited direct marketing by telephone, fax, automated calling systems, e-mail, SMS and MMS.
It is now illegal within the EU to target individuals or natural persons by unsolicited SMS. Spam — unsolicited e-mail and SMS marketing — sent to individuals, with a limited exception, covering existing customer relationships, is only allowed with prior consent. Monitoring compliance with and enforcement of the provisions of the regulations is a function of the Data Protection Commissioner's office.
