Written answers

Wednesday, 22 November 2006

Department of Justice, Equality and Law Reform

Data Protection

9:00 pm

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
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Question 172: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his plans to allow householders to opt out of the delivery of unsolicited or unaddressed direct mail by An Post or other bodies; and if he will make a statement on the matter. [39607/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The position is that sections 2(7) and 2(8) of the Data Protection Act 1988 (as amended by section 3 of the Data Protection (Amendment) Act 2003) contain provisions directly related to direct marketing. Section 2(7) provides that where personal data are kept for the purpose of direct marketing, any individual may request the data controller (the person who controls the content and use of that data) in writing not to process personal data relating to him or her for that purpose or to cease such processing. The data controller must comply with such a request within 40 days and notify the individual in writing accordingly.

Under section 2(8), where a data controller anticipates that personal data (including personal data that is required by law to be made available to the public) kept by him or her will be processed for the purposes of direct marketing, the data controller is required to inform the individuals to whom the data relate that they may object in writing to the data controller, and free of any charge, to such processing.

These provisions are intended to raise awareness of the right, and give individuals the opportunity, to opt out of receiving direct marketing if they so wish. In line with these provisions, the Irish Direct Marketing Association (IDMA) operates a Mailing Preference Service which enables individuals who do not wish to receive direct mail from IDMA members to register their details with IDMA.

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