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Monday, October 23, 2006 

Spamming in Ireland carries no penalties says Data Protection Commissioner

We all receive emails that we'd prefer didn't make it into our inboxes. God knows, if one was of a sufferer of paranoia, you'd be convinced that it would worth paying to add a few inches and investing in some Nigerian oil scheme.

So when Thinkhouse PR kept sending unwanted emails to Ireland Offline's email address, Damien Mulley complained to the Data Protection Commissioner requesting that they investigate. According to Thinkhouse PR's Managing Director, the DPC felt compelled to apologise to them for having to investigate this trivial complaint of abuse, made by a blogger of all people.

Meanwhile Damo's post has mysteriously disappeared from Google's SERPs but still appear on Yahoo! and MSN.

The DPC then told the bold kids to behave and never do it again. Unfortunately, they forgot to threaten to cancel playtime the next time it happens. So it seems every bold kid is allowed to pick on one of the small kids and not face the consequences.

Here is the full text of his original complaint ...

I’m writing to make a formal complaint against Thinkhouse PR for continually sending unsolicited emails to one of my email accounts despite being asked not to. The email account in question is info [at] irelandoffline.org a part-time non-commercial voluntary group.

Enclosed are 5 sets of documents. Thinkhouse contacted info@irelandoffline.org (which is shared with a colleague John Timmons) initially on behalf of their client Imagine who were releasing a new broadband product. We did not ask to be put on further email distributions for Imagine or for anyone else.

Despite this, on Fri August 4th Jane McDonald from Thinkhouse sent an email promoting an initiative from Ben and Jerry’s. (See document No. 2) Ben and Jerry’s are a client of Thinkhouse. My reply to this unsolicited email is at the end of the document.

Jane McDonald replied to this (see document No. 3) and gave the excuse that there was some kind of slip and my email address was put into a personal circular. I would not consider it was a personal mail. Jane seems to suggest that Thinkhouse are aware of spamming laws.

On August 18th Thinkhouse PR sent me another mail, a press release for the mobile phone operator “3”. (See document no. 4. This document is the back and forth communication between myself and Thinkhouse PR.) At the top of the document is a communication from Jane McDonald telling me once again I’m off everyone’s list after I again requested it. Jane also admits to using my email address without permission to add me to their mailing lists.

On August 22nd (see document No. 5) Andrea Horan from Thinkhouse PR again sent me a PR, this time for another of their clients. This one for Moviestar.ie.

I wish for the Data Protection Commissioner to investigate this and carry out a prosecution if needs be. I am willing to travel to Dublin, I am willing to make a written statement and I am willing to testify in Court if the need arises. Thinkhouse PR is contravening the Irish Spam Legislation and it is totally disregarding my repeated requests to stop being sent information. I have also asked for my contact details to be removed from their systems and this has been disregarded too.

Please contact me on receipt of this complaint. Contact details are above.
Regards,
Damien Mulley

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