In 2005 ComReg and the Data Protection Commissioners Office jointly launched the opt-out register for direct marketing calls. This register allows consumers who contact their telephone line operator to record a preference to opt-out of direct marketing in the National Directory Database (NDD).

The National Directory Database lists all phone numbers printed in public directories or available through directory enquiries and is used to list the preference of subscribers not to receive such unsolicited marketing calls or faxes. This facility is open to both residential and business phone subscribers and is a free service. It applies to voice calls and, for business subscribers, to faxes. The main aim of the register is to stop unsolicited marketing messages and it only applies to calls made from within this state.

Subscribers should be advised that it takes 28 days for a preference to opt-out to be recorded in the NDD. In the absence of a notification from a subscriber, the telephone line details remain unchanged with no amendment to the record in the NDD.

The aim of the register is to allow marketing companies to check telephone numbers to ensure that they do not inadvertently ring the number of a telephone subscriber who has opted out. It is a criminal offence to make an unsolicited marketing call to a telephone line recorded in the opt-out register. Enforcement is a matter for the Data Protection Commissioner.

Under Regulation 14 (2) of S.I. 535 2003 operators of publicly available telephone services are required to ensure that their subscribers are provided with information regarding their entitlements under Regulations 13 of the Data Protection Regulations. The manner in which individual operators inform their subscribers is not stipulated in the regulations and therefore it is a matter for each operator to choose the most efficient way of informing their subscriber base.

In addition to other duties placed on operators under the Data Protection Regulations, Regulation 14(1) requires operators of publicly available telephone services to record in the NDD that a subscriber does not consent to unsolicited calls for the purpose of direct marketing.

Prior to October 31, 2006 the NDD did not hold records relating to ex-directory subscribers. This resulted in ex-directly subscribers being denied the protection from cold calling that is offered to listed/unlisted subscribers. ComReg and the Data Protection Commissioner issued Directions/Enforcement Notices to operators and the NDD to have ex-directory numbers recorded in the NDD and automatically placed on the opt-out register. New guidance has been sent to all ex-directory customers by their fixed line operator to advise that they have been given the full protection of the NDD’s opt-out register for direct marketing.

Key points

This facility is open to both residential and business phone subscribers.

• It is a free service.
• It applies to voice calls and, for business subscribers, to faxes.
• Its aim is to stop unsolicited marketing messages.
• Phone companies will pass on their customers’ preference to the NDD in accordance with regulatory obligations.
• Within 28 days of opting out, no cold calling should occur.
• Marketing companies who break the rules face prosecution by the DPC.
• All ex-directory numbers automatically entered onto the register.