Text case to be 'fast tracked'

THE DATA Protection Commissioner is anxious for a speedy resolution of a legal dispute over how laws related to the sending of unsolicited text messages for marketing purposes are to be interpreted, a judge was told yesterday.

Mr Justice Peter Kelly granted an application by the commissioner to have proceedings over the interpretation of the relevant laws admitted to the Commercial Court with a view to having the action "fast tracked".

Paul Sreenan SC, for the commissioner, said some 16 criminal prosecutions over the sending of unsolicited text messages were presently adjourned pending the outcome of proceedings by a company, Realm Communications Ltd, against the commissioner.

Some 200 other applications were also affected, counsel added. It was in those circumstances that he wanted to have the action by Realm dealt with in the Commercial Court, counsel said.

Colm Ó hOisin SC, for Realm, argued that the case did not come within the ambit of the Commercial Court and should be dealt with in the judicial review list.

Mr Justice Kelly said he believed the Commercial Court here was the only commercial court which may admit cases involving public law matters. The legal issue in this case relating to interpretation of the relevant laws was of significance and he would exercise his discretion to admit it to the Commercial Court list.

Earlier, he noted that it was unlikely that the case would be heard before next year at the latest if it remained in the judicial review list.

Last month, Realm Communications, an electronic marketing services company, secured a temporary High Court injunction restraining its prosecution by the commissioner for allegedly sending unsolicited texts.

Realm, with offices at Castle Drive, Citywest Business Park, Dublin, faces prosecution on some 60 summonses arising from complaints against it by 14 people concerning unsolicited texts. Fines of up to €3,000 per message can be imposed in the event of conviction.

The case was due before Dublin District Court last month but it and similar cases are on hold pending the outcome of the legal challenge.

Realm claims it co-operated fully with the commissioner after regulations governing text messaging services came into force in November 2003. However, it was the subject last year of a "totally unnecessary" "dawn raid" by staff from the commissioner's office, during which a significant amount of records and material was removed.

Realm claims the regulations provide that the commissioner may come to an amicable resolution, which could mean that no prosecution would be taken, but that, in its case, no such steps were taken and the action proceeded to immediate prosecution.