Irish Data Protection Commission Case Studies

Marketing telephone calls to numbers on the NDD Opt-Out Register [2008] IEDPC 11 (31 December 2008)

The marketing activities of X.X.X. came to the attention of my Office in January 2008.  I received complaints from two individuals who received marketing telephone calls from X.X.X. even though they had registered their preferences not to receive marketing calls on the National Directory Database (NDD) opt-out register.  This is the register of all the phone and fax numbers that have been opted out of receiving marketing calls or faxes.

When my Office investigated the matter it found that the data controller was unaware of its obligations in relation to the NDD opt-out register.  However, ignorance of the law is no excuse for breaching it.  All data controllers have a responsibility to ensure that they are aware of and compliant with all of their data protection obligations.

My Office ordered the company to cease all telemarketing activities with immediate effect and not to resume such activities until such time as it was in a position to comply with preferences recorded on the NDD opt-out register.  We also sought an undertaking from the company that all future marketing calls would comply with the requirements of the law with regard to the NDD opt-out register.  The company complied immediately and it ceased all telemarketing activity.  It also wrote letters of apology to the complainants and it made a goodwill gesture in the form of gift tokens to each complainant.  The complainants accepted the letters of apology and the goodwill gesture as an amicable resolution of their complaints to my Office.

I welcome the swift remedial action taken by the company in response to these complaints.  I note in particular that the issues were resolved to the satisfaction of the complainants within a relatively short period of four weeks following the receipt of the complaints by my Office.