The European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 were signed by the Irish Minister for Communications, Dermot Ahern, on Monday. The UK has passed similar regulations but they are not due to come into effect until 11th December.
The Irish Department for Communications, Marine and Natural Resources has identified a number of the main features of the Irish regulations which include:
Regulation of the use of cookies and spyware.
Restrictions on unsolicited direct marketing by telephone, fax, automated calling systems, email, SMS and MMS ('spam').
A right for subscribers listed in publicly available directories to determine what personal data is included.
A requirement that before including a subscriber in a public directory they are told the purpose of the directory and how their personal data can subsequently be used or accessed.
Provision for the processing of an individual's mobile location data, with the individual's consent, in order to provide new value added services.
Provisions for enforcement of regulatory decisions by Comreg and the Data Protection Commissioner, including investigatory powers in relation to suspected breaches of the new regulations.
Critics have already pointed out that the new regulations will have little effect on spam, as much of this comes from countries outside the EU. However, Mr Aherne has said that he hopes to use Ireland's EU presidency (which begins in January of next year) to build a "global partnership" which will taget spam on a worldwide basis.
A copy of the regulations can be found here
