Liz McManus (Wicklow, Labour)
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Question 395: To ask the Minister for Communications, Marine and Natural Resources if, in view of the increasing level of unsolicited faxes being received by persons and small companies, he has proposals to curtail and control this kind of nuisance advertising. [34159/04]

Noel Dempsey (Meath, Fianna Fail)
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Regulation 13 of the European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003, SI 535 of 2003, provides for prohibitions and restrictions on the sending of unsolicited faxes for direct marketing purposes to individuals and companies. Responsibility for the enforcement of the regulation rests with the Office of the Data Protection Commissioner. A person found guilty of an offence in regard to a breach of the aforementioned regulation shall be liable on summary conviction to a fine not exceeding €3,000.

I propose to provide for greater penalties for breaches of the aforementioned regulation in the forthcoming Electronic Communications (Miscellaneous Provisions) Bill with a view to strengthening the powers of the Office of the Data Protection Commissioner to control the situation.