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Data Protection Commission

 Commissioner Welcomes Successful Prosecutions of Telecommunications Companies

The Data Protection Commissioner today welcomed the outcome of prosecution proceedings which concluded at Dublin Metropolitan District Court and which were taken by her Office against telecommunications companies, Eircom, now trading as Eir, and Imagine Telecommunications Business Ltd.
Counsel for Eir pleaded guilty to six charges of making unsolicited marketing phone calls without consent and one charge of sending a marketing SMS without an opt out message to a customer.
Eir were ordered to donate €15,000 to Pieta House, €10,000 to LauraLynn and €10,000 to Our Lady's Children's Hospital, Crumlin by 16 December 2015 following which the Probation of Offenders Act will be applied.
This sum represents the highest financial imposition enforced on any company in relation to marketing offences under Regulation 13 of SI 336/2011.
Imagine Telecommunications Business Limited pleaded guilty to one charge of making an unsolicited marketing phone call without consent and were ordered to donate €2,500 to Merchant's Quay Ireland also by 16 December. In both incidents, defendants have agreed to cover all costs incurred by the Office of the Data Protection Commissioner in bringing prosecutions. 
The Court heard evidence in both cases from Mr. Tony Delaney, Assistant Commissioner, Office of the Data Protection Commissioner.
Speaking after today's proceedings Data Protection Commissioner, Ms. Helen Dixon, said, 'Data protection is about the citizen's fundamental right to privacy. My Office treats offences in relation to electronic marketing extremely seriously, vigorously prosecuting repeat offenders. The significant sums imposed today send a clear message that this type of marketing without consent is unacceptable.'
2 November 2015