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The Privacy and Electronic Communications (EC Directive) Regulations 2003

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Confidentiality of communications

6.  (1)  Subject to paragraph (4), a person shall not use an electronic communications network to store information, or to gain access to information stored, in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met.

(2) The requirements are that the subscriber or user of that terminal equipment—

(a)is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and

(b)is given the opportunity to refuse the storage of or access to that information.

(3) Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user on more than one occasion, it is sufficient for the purposes of this regulation that the requirements of paragraph (2) are met in respect of the initial use.

(4) Paragraph (1) shall not apply to the technical storage of, or access to, information—

(a)for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network; or

(b)where such storage or access is strictly necessary for the provision of an information society service requested by the subscriber or user.

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