Guidelines on how to deal with unwanted or unsolicited direct marketing material

The Office of the Data Protection Commissioner recently published guidelines on how to deal with unwanted or unsolicited direct marketing material.

Removal from Direct Marketing Databases

The Data Protection legislation provides that individuals have the right to request that their details are removed from a direct marketing database.

• Write to the organization concerned requesting the deletion of the information.
• The organization has 40 days to comply.
• Unless the information is required for some other legitimate purpose that organization must comply and if there is such a purpose for which the information is required the individual making the request must be notified and the reasons for keeping the information set out in writing.
• When information is being collected – if it is or may be used for direct marketing purposes the individual must be so informed and advised of their right to opt out from receipt of such material at any time in the future.
• Individuals not wishing to receive such material by mail can record their preference by contacting the Irish Direct Marketing Association and submitting to the Mailing Preference Service that they operate.

Marketing by telephone, fax, SMS or email

Individuals who are not existing customers of a data controller cannot receive marketing material by fax, SMS or email or an automated dialing machine unless prior consent has been given. Existing customers can be sent marketing material by SMS or email provided that the individual is given the right to opt out from receiving future marketing material at any time.

Direct marketers wishing to market by telephone must respect any registration with the National Directory Database recording their objection to receiving such calls. When calling individuals the caller must give the called individual the right to opt out from receiving such calls in future.

Unsolicited commercial communications (Spam)

The sending of unsolicited email SMS or MMS messages, faxes for direct marketing purposes to private individuals where there is no existing customer relationship is not permitted unless the individual has given prior consent.

Where such material is sent in a business context it is permissible provided any opt out preference is respected.

Enforcement

The Office of the Data Protection Commissioner is responsible for enforcement and where individuals believe that their rights have been infringed they can complain to that office.

For further information please contact:
Patrick Ryan at pryan@kilroys.ie

© Kilroys Solicitors February 2006