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Digital Economy Act 2017

Contents

Legal background

  1. In February 2002 the European Parliament and the Council of Ministers adopted four Directives, which set out a package of measures for a common regulatory framework for electronic communications networks and services. The Framework Directive (2002/21/EC) is the overarching Directive dealing with electronic communications. It sets out principles that apply across all the specific Directives. The Access Directive (2002/19/EC) regulates access to, and interconnection of, electronic communications networks and associated facilities. The Authorisation Directive (2002/20/EC) deals with requirements electronic communication networks and services must satisfy to operate legally in a Member State. The Universal Service Directive (2002/22/EC) sets out the universal service obligations Member States are required to ensure are available and specifies particular roles/functions for the Member State and the national regulator. These Directives were given effect in the United Kingdom through the 2003 Act.
  2. Ofcom is the communications regulator in the United Kingdom. Ofcom is established under the Office of Communications Act 2002. Ofcom’s powers are found in the 2003 Act and the 2006 Act as well as the Broadcasting Act 1990 and the Broadcasting Act 1996.
  3. The Act amends Ofcom’s powers to set general conditions on communication providers, to report and collect information and to regulate the BBC. All of these powers relate to the 2003 Act. The Act also amends Ofcom’s powers to manage electromagnetic spectrum and these powers relate to the 2006 Act.
  4. The electronic communications code was previously part of the Telecommunications Act 1984. This Act replaces it with a new code, which is inserted into the 2003 Act (as Schedule 3A to that Act).
  5. Currently the legal framework in respect of data sharing is found across a complex range of common law and statutory provisions, conferring powers to share information often in very specific circumstances and subject to a range of different conditions and restrictions. Part 5 of the Act provides additional statutory powers in a framework which enable data to be shared for particular public interest purposes, subject to consistent safeguards and new offences that help protect personal information.
  6. The new powers to disclose information to gas and electricity suppliers relate to fuel poverty. The Warm Homes and Energy Conservation Act 2000 sets out the legislative framework for addressing fuel poverty in England and Wales. For the purposes of that Act, a person is to be regarded as "living in fuel poverty" if they are a member of a household living on a lower income in a home which cannot be kept warm at reasonable cost. The Act also introduces similar powers to disclose information to water and sewerage undertakers for the purpose of addressing water poverty.
  7. The Act inserts a new data sharing power, enabling disclosure of civil registration data to public authorities, into the Registration Service Act 1953 and amends that Act to provide that a charge for disclosure of information under the new power may be made. The Registration Service Act 1953 sets outs the structure of the registration service, establishes the office of the Registrar General and provides for functions relating to all registration areas. Responsibility for delivery of civil registration services in England and Wales is split between central and local government. The other principal Acts governing registration are the Marriage Act 1949, Births and Deaths Registration Act 1953, Civil Partnership Act 2004 and Marriage (Same Sex Couples) Act 2013 which contain detailed provision in relation to each of the relevant areas.
  8. The new powers to disclose information to the Statistics Board amend the Statistics and Registration Service Act 2007, which established the Board. The Act will repeal the disclosure powers currently set out in sections 47, 48 and 49 of that Act.
  9. The Data Protection Act 1998 regulates the processing of personal data, including data used by direct marketing businesses. It was enacted principally for the purpose of transposing the Data Protection Directive (95/46/EC). The PECR implement the E-privacy Directive (2002/58/EC). The PECR provide detailed privacy rules in relation to the developing area of electronic communications.

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