The Telecommunications (Data Protection and Privacy) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Directive 97/66/EC of the European Parliament and the Council concerning the processing of personal data and privacy in the telecommunications sector.

They revoke the Telecommunications (Data Protection and Privacy) (Direct Marketing) Regulations 1998, which have already implemented part of the Directive.

Part II places restrictions upon the processing of data about telecommunications traffic and billing.

Part III provides for subscribers and users to be able to prevent the identity of the caller or, in certain circumstances, the line to which a call is connected from being identified to the other party to the call.

Part IV requires producers of directories to exclude subscribers or to omit details of subscribers' sex or address if so requested.

Part V repeats the provisions about direct marketing contained in the 1998 Regulations.

Part VI contains provisions about the security of telecommunications services, itemised billing and the termination of unwanted call-forwarding, and provisions overriding Parts II and III in the interests of law enforcement and national security.

Part VII provides for compensation and enforcement.

The Regulations come into force on 1st March 2000, the same day as related provisions of the Data Protection Act 1998. An interim amendment to the 1998 Regulations, giving legal effect to the Direct Marketing Association’s non-statutory list of subscribers who do not want to receive direct marketing calls, comes into force on 16th August 1999.

A regulatory impact assessment is available and can be obtained from Communications and Information Industries Directorate, Department of Trade and Industry, 151 Buckingham Palace Road, London, SW1W 9SS. Copies have been placed in the libraries of both Houses of Parliament.