Tom Fleming (Kerry South, Independent)
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Question 108: To ask the Minister for Communications; Energy and Natural Resources the safeguards that are in existence to protect confidentiality of telephone calls emanating from banking and other financial institutions, insurance companies, telecom companies and a growing number of other organisations here (details supplied); if his attention has been drawn to the use of these techniques; and if he will introduce legislation to enable the recipients of these calls to be provided with a transcript of the tape recording within seven days of the recorded conversation. [30996/12]

Pat Rabbitte (Dublin South West, Labour)
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Calls of the nature referred to by Deputy Tom Fleming are regulated in accordance with the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011, known as the e-privacy regulations. Responsibility for enforcement of these regulations falls to the Office of the Data Protection Commissioner.

Regulation 13 of the e-privacy regulations seeks to protect individuals from receiving unsolicited communications for the purpose of direct marketing. The regulation covers the making of unsolicited telephone calls and the sending of unsolicited fax messages, e-mail and SMS text messages for direct marketing purposes and gives individuals the right to prevent organisations from using electronic means to contact them in order to sell a product or service. Since the introduction of the e-privacy regulations in July 2011, it is an offence for a marketer to make an unsolicited marketing telephone call to a mobile telephone without the prior consent of the telephone subscriber. With regard to landlines, the national directory database opt-out register has been in operation for several years. The register allows consumers to have their numbers registered to prohibit marketers from cold calling them. Over 1.16 million landlines are on the register.

It is an offence for a marketer to make a marketing call to such registered numbers. Where subscribers choose not to place their number on the register, they may still protect themselves from continuous marketing calls by requesting the marketer not to call them again. A marketer who fails to respect such a request commits an offence. I am satisfied there are sufficient safeguards in place to ensure consumers can be protected against such cold calling if they so wish and I have no plans to amend the legislation in this regard at the current time.

Tom Fleming (Kerry South, Independent)
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I am glad to hear there is some provision out there. The vast majority of the public are unaware of these measures and that regulations protect those with mobiles and landlines. There is a growing trend of people being inundated by telephone calls from finance, telephone and insurance companies. People receive calls on a cold call basis and they are caught on the hop. Various offers and incentives to take up attractive offers-----

Michael Kitt (Galway East, Fianna Fail)
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I ask Deputy Fleming to frame a question.

Tom Fleming (Kerry South, Independent)
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Will the Minister take up this point and contact the Data Protection Commissioner? We need stronger measures and more assistance for the public. People should be facilitated to ensure they are not plagued with unwanted telephone calls. The calls have a contractual basis and people are led into having a talk to take up a particular offer. It appears to be a semi-contract and some weeks later people receive further telephone calls. Unfortunately, people do not recollect the original telephone call. Will the Minister provide further protection? People take a telephone call and may be unaware-----

Michael Kitt (Galway East, Fianna Fail)
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Thank you Deputy. I call on the Minister to reply.

Tom Fleming (Kerry South, Independent)
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They are given brief notice that the telephone call is being recorded. I call for further protection for the public and those receiving calls.

Pat Rabbitte (Dublin South West, Labour)
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I accept that the practices described by Deputy Fleming take place. It may be that the e-privacy regulations, which I transposed into Irish law last summer, need further promulgation and need to be brought to the attention of consumers in the manner described by Deputy Fleming. Where calls are recorded and retained by the marketing company, the subscriber has the right of access to a copy of the recording under section 4 of the Data Protection Act.

With regard to the confidentiality of marketing telephone calls and the recording thereof, the provisions of the Data Protection Acts concerning the processing of personal data are applicable. As I said in my response, some 1.16 million landline telephones are on the register and their owners will not be pestered in the manner the Deputy described. He is correct that there is no such register in the case of mobile telephony, but other protections are in place. These include not only the Data Protection Acts, but European Union privacy regulations. Deputy Fleming may well be correct that it is more a matter of promoting, promulgating and publicising their existence.

Tom Fleming (Kerry South, Independent)
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The Minister should instigate a publicity campaign to educate the public regarding these regulations and their entitlements. Raising awareness is the main issue.

Pat Rabbitte (Dublin South West, Labour)
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I do not dispute the Deputy's argument that there are many people who are not aware of their rights in this regard and that we should seek to address this. If I can help to publicise the protections that are in place, I will endeavour to do so.