Part 5

Data protection and privacy
Chapter 2

Privacy and electronic communications

Storing information in the terminal equipment of a subscriber or user
112
1
The PEC Regulations are amended in accordance with subsections (2) and (3).
2
For regulation 6 (storing information, or gaining access to information stored, in the terminal equipment of a subscriber or user) substitute—

Storing information in the terminal equipment of a subscriber or user
6
1
Subject to Schedule A1, a person must not store information, or gain access to information stored, in the terminal equipment of a subscriber or user.
2
In paragraph (1) and Schedule A1—
a
a reference (however expressed) to storing information, or gaining access to information stored, in the terminal equipment of a subscriber or user includes a reference to instigating the storage or access, and
b
except as otherwise provided, a reference (however expressed) to gaining access to information stored in the terminal equipment of a subscriber or user includes a reference to collecting or monitoring information automatically emitted by the terminal equipment.
3
After regulation 6 insert—

Power to provide exceptions to regulation 6(1)
6A
1
The Secretary of State may by regulations made by statutory instrument—
a
amend these Regulations—
i
by adding an exception to the prohibition in regulation 6(1), or
ii
by omitting or varying an exception to that prohibition, and
b
make consequential, supplementary, incidental, transitional, transitory or saving provision, including provision amending these Regulations.
2
Regulations under paragraph (1) may make different provision for different purposes.
3
Before making regulations under paragraph (1), the Secretary of State must consult—
a
the Information Commissioner, and
b
such other persons as the Secretary of State considers appropriate.
4
A statutory instrument containing regulations under paragraph (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
4
Schedule 12 to this Act inserts Schedule A1 to the PEC Regulations.
5
A requirement to consult under regulation 6A of the PEC Regulations (inserted by subsection (3) of this section) may be satisfied by consultation undertaken before the day on which this Act is passed.
S. 112 in force at Royal Assent for specified purposes, see s. 142(1)(2)(h)