GI-DEC-DS-241/03


Mr X has lodged with the Inspector General for Personal Data Protection, hereinafter called the Inspector General, a complaint applying for undertaking the relevant actions towards Company Y in connection with its deeds which consisted in sending twice to the reserved telephone number of Mr X SMSes concerning the European Referendum on the behalf of third party Z. The Inspector General by means of administrative decision has refused taking the application into consideration pointing out that the Company Y while sending the messages concerned met the prerequisites of lawful processing of Mr X`s personal data. The actions undertaken by the Company Y were necessary for the performance of a task provided for by law and carried out in the public interest. The Inspector General added simultaneously that the content of the messages in question was of the informational nature as it contained solely information on date and time of the referendum.

In the light of the above, they should be recognised as a performance of the constitutional obligation to lead to unambiguous settlement on the subject of consent for ratification of the international agreement. Therefore, in this case, the Inspector General has issued the negative decision.