Kathleen Lynch (Cork North Central, Labour)
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Question 40: To ask the Minister for Communications, Energy and Natural Resources his views on the introduction of legislation to incorporate Regtel into ComReg in order to properly regulate the content, promotion and pricing information for all premium rate telecom services; and if he will make a statement on the matter. [23077/07]

Eamon Ryan (Dublin South, Green Party)
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Responsibility for the regulation of the content and promotion of premium rate telecommunications services, including subscription-based services, is a matter for the Regulator of Premium Rate Telecommunications Services (RegTel), an independent self-regulatory body.

RegTel does not report to me as Minister for Communications, Energy and Natural Resources. The area of consumer protection within which RegTel operates, falls mainly under the remit of my colleague the Minister for Enterprise, Trade and Employment, and the National Consumer Agency.

If consumers are targeted by unsolicited electronic communications for direct marketing purposes, they should contact the Office of the Data Protection Commissioner, who has strong investigatory and prosecution powers in this area.

The Data Protection Commission is an independent State body, under the remit of the Minister for Justice, Equality and Law Reform, which has responsibility for the implementation of the regulations controlling the sending of unsolicited electronic communications for direct marketing purposes.

It is now illegal within the EU to target individuals/natural persons by unsolicited means. Unsolicited communications for the purpose of direct marketing, with a limited exception covering existing customer relationships, is only allowed with prior consent.

EU Directive 2002/58/EC the Directive on Privacy and Electronic Communications, transposed into Irish Law on 6 November 2003 via the Electronic Communications (Electronic Communications Networks and Services)(Data Protection and Privacy) Regulations 2003 (S.I. 535 of 2003) provide for restrictions on unsolicited direct marketing by telephone, fax, automated calling systems, email, SMS and MMS. Monitoring compliance with and enforcement of the provisions of the regulations is a function of the Data Protection Commissioner.