Bernard Durkan (Kildare North, Fine Gael)
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Question 541: To ask the Minister for Communications, Energy and Natural Resources the initiatives he has taken at national or European level to combat spam and the spread of viruses on the Internet; and if he will make a statement on the matter. [3838/10]

Eamon Ryan (Dublin South, Green Party)
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Directive 2002/58/EC (Directive on Privacy and Electronic Communications) contains provisions prohibiting the sending of unsolicited communications for direct marketing purposes (spam). This Directive was transposed into national law in November 2003 via the Data Protection and Privacy Regulations 2003 (SI No. 535 of 2003). The regulations prohibit the sending of unsolicited phone calls or emails for direct marketing purposes and provide for a summary offence in respect of each unsolicited call.

Responsibility for the enforcement of the regulations rests with the Office of the Data Protection Commissioner. In 2008, I amended the regulations in order to strengthen the Commissioner's enforcement powers by providing for an indictable offence, carrying a penalty of up to €250,000 or 10% of turnover, whichever is the greater. These penalties are in line with the highest in the EU and should provide an effective deterrent against this practice.

My Department, in conjunction with the Department of Justice, Equality and Law Reform, and other private sector and not-for-profit organisations have, since 2004, conducted a number of public awareness campaigns called "Make It Secure", to promote the safe use of the Internet, and to reduce the spread and effect of computer viruses.

The campaign is designed to increase awareness among citizens of the most common security risks related to accessing and transacting on the Internet – such as identity theft, spyware, and phishing. More information on MakeITSecure can be seen at the www.makeitsecure.org website.