In advance of the forthcoming Dáil elections, the Office of the Data Protection Commissioner (ODPC) has issued guidance to candidates for election and their representatives on canvassing, data protection and electronic marketing (the Guidance). Publication of the Guidance follows the ODPC’s previous efforts to boost awareness of individuals’ privacy rights in this area (see previous blog here).

The Guidance includes an overview of the provisions in relation to unsolicited marketing and cookie use as contained in the EC (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (S.I. 336 of 2011). It also emphasises

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Election candidates in the upcoming May local and European Parliament Elections have all recently received correspondence from the Data Protection Commissioner reminding them of their obligations with regards to communicating with the electorate.  Candidates were made aware that should any complaints be received by the office of the Data Protection Commissioner they will be investigated, with appropriate action taken.

Candidates and political parties must adhere to the clear statutory guidelines as set out the in the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011, particularly in relation to the use of SMS, phone and e-mail in sending electoral messages. Continue Reading Restrictions on electronic direct marketing- politically correct?