Security | 05 Jan 2009 : 

Communications Minister Eamon Ryan has signed new legislation aimed at tackling spamming and other unsolicited communications.

Coming into effect in late December, the regulations relate to all unsolicited mail sent by e-mail, text message or fax. The new laws mean that unsolicited mail now an indictable offence with fines of up to €250,000 for companies in breach  and fines for summary offences increased from €3,000 - €5,000.

Under the new regulations, unsolicited mail for direct marketing purposes will be an indictable offence. The Data Protection Commissioner can refer serious breaches of the legislation for prosecution through the Circuit Court where fines of up to €250,000 or 10% of the company's turnover, whichever is greater, can be imposed.

The legislation comes as the number of complaints made to the Data Protection Commissioner in relation to spamming has increased from 66 in 2005 to 538 in 2007.

The new regulations known as ‘European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy)(Amendment) Regulations'  are available on the website of the Department of Communications, Energy and Natural Resources.

"Unwanted communication, either by e-mail or to a mobile phone is more than a nuisance - it wastes money and energy.  Millions every year are lost to Irish companies through lost productivity as spam clogs inboxes and crashes servers," said Minister Ryan in a statement.

"Spam is a serious threat to the internet, taking up valuable space on servers and posing significant security risks through viruses.

"Importantly, such communication is a serious invasion of our privacy. More and more we are seeing marketers contact the consumer via their mobile phone. Evidence shows that spamming increases during the Christmas holidays making these regulations timely. 
"The Data Protection Commissioner, who will oversee the enforcement of these new laws, has reported an eight-fold increase in complaints received.

"Making spamming an indictable offence with a hefty price tag for the offenders gives Ireland one of the most stringent enforcement regimes in Europe.

"Spam is spam and it has no future. Marketers must carefully build up relationships with their customers over time and make sure that any marketing has the permission of the consumer.

"This will help secure our digital economy as well as reducing costs and annoyance," concluded the Minster.