The Deputy will be aware that, in accordance with the relevant provisions of the Data Protection Act 2018, the Data Protection Commission is independent in the exercise of its functions.
I am advised by the Data Protection Commission that, during the period referred to by the Deputy, prosecutions were conducted pursuant to the Data Protection Acts 1988 and 2003 and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011, S.I. No. 336 of 2011 (“the ePrivacy Regulations”).
The Deputy will also be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.
I can also confirm that the arrangements for collecting fines outstanding since 2016 are governed by the provisions of the Fines (Payment and Recovery) Act 2014.
In order to be of assistance to the Deputy, I have made enquiries with the Data Protection Commission and the Courts Service and have been provided with the following information:
2014
In 2014, six companies, one individual and two company directors were prosecuted, as set out in the following table:
|
Person Prosecuted
|
Number of Fines Imposed
|
Value of Fines Imposed
|
Total Fine
|
|
One company
|
5
|
€1,500
|
€7,500
|
|
One company
|
1
|
€500
|
€500
|
|
One company
|
1
|
€100
|
€100
|
|
One company
|
4
|
€1,500
|
€6,000
|
|
One company
|
1
|
€75
|
€75
|
|
One company
|
2
|
€1,500
|
€3,000
|
|
One individual
|
2
|
€2,500
|
€5,000
|
|
One company director
|
1
|
€1,500
|
€1,500
|
|
One company director
|
1
|
€1,500
|
€1,500
|
|
Total Value of Fines Imposed 2014
|
|
|
€25,175
|
All fines imposed in 2014 have been collected.
2015
In 2015, four companies were prosecuted as set out in the following table:
|
Person Prosecuted
|
Number of Fines Imposed
|
Value of Fines Imposed
|
Total Fine
|
|
One company
|
2
|
€1,000
|
€2,000
|
|
Three companies (Probation of Offenders Act applied)
|
-
|
-
|
-
|
|
Total Value of Fines Imposed 2015
|
|
|
€2,000
|
All fines imposed in 2015 have been collected.
2016
In 2016, one individual, ten companies and one company director were prosecuted, as set out in the following table:
|
Person Prosecuted
|
Number of Fines Imposed
|
Value of Fines Imposed
|
Total Fine
|
|
One individual
|
4
|
€1,000
|
€4,000
|
|
One company
|
5
|
€500
|
€2,500
|
|
One company
|
1
|
€100
|
€100
|
|
One company
|
2
|
€2,500
|
€5,000
|
|
Seven companies (Probation of Offenders Act applied)
|
-
|
-
|
-
|
|
One company director
|
10
|
€500
|
€5,000
|
|
Total Value of Fines Imposed 2016
|
|
|
€16,600
|
|
Amount Outstanding as at 2 April 2019
|
|
|
€7,500
|
2017
In 2017, seven companies and one company director were prosecuted, as set out in the following table:
|
Person Prosecuted
|
Number of Fines Imposed
|
Value of Fines Imposed
|
Total Fine
|
|
One company
|
10
|
€1,000
|
€10,000
|
|
One company
|
2
|
€1,500; €1,000
|
€2,500
|
|
One company
|
2
|
€500
|
€1,000
|
|
One company
|
1
|
€500
|
€500
|
|
Three companies (Probation of Offenders Act applied)
|
-
|
-
|
-
|
|
One company director
|
10
|
€1,00
|
€10,000
|
|
Total Value of Fines Imposed 2017
|
|
|
€24,000
|
|
Amount Outstanding as at 2 April 2019
|
|
|
€20,000
|
2018
In 2018, eight companies were prosecuted, as set out in the following table:
|
Person Prosecuted
|
Number of Fines Imposed
|
Value of Fines Imposed
|
Total Fine
|
|
One company
|
4
|
€1,000
|
€4,000
|
|
One company
|
2
|
€1,000
|
€2,000
|
|
Six companies (Probation of Offenders Act applied)
|
-
|
-
|
-
|
|
|
|
|
|
|
Total Value of Fines Imposed 2018
|
|
|
€6,000
|
|
Amount Outstanding as at 2 April 2019
|
|
|
€3,040
|
