The Telecommunications (Data Protection and Privacy) (Direct Marketing) Regulations 1998

Notifications for the purposes of regulation 7(4)(a) or 9(4)(a)

10.—(1) Where any such person as is mentioned in paragraph (3) has in his possession such a notification as is mentioned in regulation 7(4)(a) or regulation 9(4)(a) (to whomsoever it is addressed) or a copy or record of such a notification—

(a) he shall, without undue delay, transmit a copy of that notification or a copy of that record to the Director, and

(b) subject to receipt by the Director of a copy of a notification or of a record thereof so transmitted, the notification in question shall be treated for the purposes of regulation 7(4)(a) or, as the case may be, regulation 9(4)(a) as if it had been given to the Director.

(2) Where the Director has made arrangements in pursuance of paragraph (6) of regulation 7 or, as the case may be, paragraph (6) of regulation 9 for the discharge of functions under paragraph (4) of the regulation in question by some other person on his behalf, paragraph (1) of this regulation shall have effect, in relation to such a notification as is mentioned in paragraph (4)(a) of the regulation in question, as if for the reference to the Director in sub-paragraph (a) and the first reference to him in sub-paragraph (b) there were substituted references to that other person.

(3) The persons referred to in paragraph (1) are—

(a) a telecommunications service provider;

(b) the producer of a directory of subscribers, and

(c) where, in connection with the production of such a directory, information relating to a particular subscriber is supplied to the producer thereof by some other person, that other person.

(4) In paragraph (3), “directory of subscribers” means a directory of subscribers to publicly available telecommunications services, whether in printed form or in electronic form, which is made available to the public or a section of the public and, in relation to such a directory, “producer” means the person by whom the directory is published or prepared.