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European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations, 2011 [S.I. No. 336 of 2011]Introductory TextRegulation 1 CitationRegulation 2 InterpretationRegulation 3 Services to which these Regulations applyRegulation 4 Security of processingRegulation 5 Confidentiality of communicationsRegulation 6 Traffic dataRegulation 7 Itemised billingRegulation 8 Presentation and restriction of calling and connected line identificationRegulation 9 Location data other than traffic dataRegulation 10 ExceptionsRegulation 11 Automatic call forwardingRegulation 12 Directories of subscribersRegulation 13 Unsolicited communicationsRegulation 14 National Directory DatabaseRegulation 15 Technical features and standardisationRegulation 16 Internal procedures where the scope of rights and obligations are restricted and damages for contravention of RegulationsRegulation 17 Commissioner's powers of enforcementRegulation 18 Power to require informationRegulation 19 Powers of authorised officersRegulation 20 Service of noticesRegulation 21 Appeals to Circuit CourtRegulation 22 Circumstances in which a person need not comply with an enforcement or information noticeRegulation 23 Evidence in legal proceedingsRegulation 24 Hearing of proceedings in privateRegulation 25 Offences by officers of bodies corporateRegulation 26 Prosecution of offencesRegulation 27 PenaltiesRegulation 28 Power to include requirements under these Regulations in codes of practice under the Act of 1988Regulation 29 DirectionsRegulation 30 Enforcement of Regulations by the RegulatorRegulation 31 Application to the High CourtRegulation 32 AppealsRegulation 33 Co-operation between Commissioner and RegulatorRegulation 34 Transitional arrangementsRegulation 35 RevocationsGiven underExplanatory Note
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 July 2011 - onwards

Regulation 26 Prosecution of offences

(1) The Commissioner may bring and prosecute proceedings for an offence under these Regulations that is to be tried summarily.

(2) Paragraph (1) does not limit any other power conferred by law to prosecute an offence under these Regulations.

(3) If of the opinion that the circumstances relating to a complaint investigated under Regulation 17 involves the commission of an offence under these Regulations, the Commissioner may bring and prosecute proceedings for the offence without attempting to bring about an amicable resolution of the complaint.

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