Mobile phone operators admit data rules breaches

Mobile phone operators 3G Ireland and Meteor, as well as retailer Carphone Warehouse, have admitted breaking data protection regulations by sending unsolicited text messages and spam emails to customers.

The companies pleaded guilty at Dublin District Court yesterday following investigations by the Data Protection Commission and they faced the possibility of being fined up to €5,000 per offence.

The watchdog prosecuted them after getting complaints from customers who had received unsolicited promotional texts and emails and could not opt out from getting the messages.

Gary Davis, the deputy data protection commissioner, had received an unwanted promotional call from a 3G Ireland shop manager.

In evidence, Tony Delaney, the assistant data commissioner, told Judge John O’Neill that Carphone Warehouse, which had pleaded guilty to two offences, had sent two people email messages “better known as spam” on Feb 14, 2012, and Nov 29 last year.

One of the customers had received email offers after having already asked the company not to send him promotional messages. The customer could not “opt out” and the court heard that “there must be an unsubscribe facility”.

The second customer, a woman, who had previously made a purchase from a Carphone Warehouse outlet in July last year, got a promotional email later and was never given the “opt out”.

The retailer had also been given a previous warning by the data protection commissioner.

Judge O’Neill heard that Carphone Warehouse had taken steps to rectify the problem; he noted it had paid costs and he fined the retailer a total of €2,500.

The court heard Meteor sent a promotional text to a customer on Jun 22.

The customer had already been told by the company that his number had been removed from its promotions database and “it came as a surprise that he had to complain again”.

Judge O’Neill heard that the mistake was a result of an internal decision, that was taken literally, to “lift all the regulations” in relation to customers who had already unsubscribed from receiving messages.

Meteor had been running a promotions campaign to hit the maximum number of phone subscribers, and up to 18,500 text messages were sent out.

Judge O’Neill heard that there had been a “human error”, but the company had paid the costs of its prosecution and also had no prior convictions from breaking data protection laws.

Judge O’Neill said he would strike out the case if Meteor donated €5,000 to Temple St Children’s Hospital by Dec 17.

Phone operator 3G Ireland pleaded guilty to three data protection offences for sending an unsolicited email and a text message and for making an unwanted promotional phone call to a customer.

The call was made to Gary Davis on May 4 last year by a store manager on “a solo run”.

On May 5, a 3G Ireland customer got an unsolicited promotional text and last New Year’s Eve another got an unwanted email with an upgrade offer.

Judge O’Neill ordered 3G Ireland, which had paid costs, to donate €2,500 to Crumlin Children’s Hospital.

He said the prosecution would be struck out if the money was donated by Dec 17.