Data Protection Office probing unsolicited political propaganda

In recent weeks hundreds of persons have received SMSs, emails and leaflets from candidates contesting the 9 March election, which raised suspicion over the legality of such messages.

The messages ranged from Christmas greetings to invitations to political activities organised by Nationalist and Labour candidates. Although some persons had been asked by the parties to grant permission to receive campaign messages, other persons have received unsolicited messages.

Answering to questions sent by MaltaToday, Information and Data Protection Commissioner Joseph Ebejer pointed out that his office "invariably investigates such reports against any alleged person or entity, whether political or otherwise."

Article 9 of Subsidiary Legislation 440.01 stipulates that a person cannot use, or cause to be used, any publicly available electronic communications service to make an unsolicited communication for the purpose of direct marketing by means of automatic calling machines, faxes and email unless the subscriber has given his prior explicit consent in writing to the receipt of such a communication.

However, once a person grants permission to receive information about the sale of a product or a service, the personal details may be used for direct marketing of similar products or services by the same entity.

The law also says that customers mustl be given the opportunity to object to the use of their personal details "free of charge and in an easy and simple manner."

Ebejer said that SMSs and emails by a political party or candidates, "to promote their respective views/beliefs or solicit support, is considered as "direct marketing"."

He added that sending such messages without the recipient's consent would be in breach of the Data Protection Act. 

"When one receives such an unsolicited message, whether from a political party, candidate or other entity/company, one may report the case to this Office for investigation," Ebejer said.  

Three weeks ago Labour accused the Nationalist Party of sending targeted leaflets to public service employees. After initially denying its involvement, the PN admitted to sending some 20,000 leaflets to workers' houses warning them of potential transfers if Labour is elected, however it denied targeting civil servants.

SMSs and emails also targeted voters in the particular districts contested by the candidates of both major parties.

While confirming that his office was investigating this alleged breach of the Data Protection Act, Ebejer said that the conclusions of such investigation will determine the legality of the dissemination of such material.

In past elections parties have targeted particular sectors such as the self-employed, public servants, hunters and persons working at state owned entities such as Air Malta.

Ebejer also confirmed that his office had in the past investigated alleged breaches of the Data Protection Act by political parties.