The Privacy and Electronic Communications (EC Directive) Regulations 2003
1Citation and commencement
2Interpretation
3Revocation of the Telecommunications (Data Protection and Privacy) Regulations 1999
4Relationship between these Regulations and the data protection legislation
5Security of public electronic communications services
5APersonal data breach
5BPersonal data breach: audit
5CPersonal data breach: enforcement
6Confidentiality of communications
7Restrictions on the processing of certain traffic data
8Further provisions relating to the processing of traffic data under regulation 7
9Itemised billing and privacy
10Prevention of calling line identification – outgoing calls
11Prevention of calling or connected line identification – incoming calls
12Publication of information for the purposes of regulations 10 and 11
13Co-operation of communications providers for the purposes of regulations 10 and 11
14Restrictions on the processing of location data
15Tracing of malicious or nuisance calls
16Emergency calls
16AEmergency alerts
17Termination of automatic call forwarding
18Directories of subscribers
19Use of automated calling systems
20Use of facsimile machines for direct marketing purposes
21 Calls for direct marketing purposes
21ACalls for direct marketing of claims management services
21BCalls for direct marketing in relation to pension schemes
22Use of electronic mail for direct marketing purposes
23Use of electronic mail for direct marketing purposes where the identity or address of the sender is concealed
24Information to be provided for the purposes of regulations 19 to 21A
25Register to be kept for the purposes of regulation 20
26Register to be kept for the purposes of regulation 21
27Modification of contracts
28National security
29Legal requirements, law enforcement etc.
29A
30Proceedings for compensation for failure to comply with requirements of the Regulations
31Enforcement – extension of Part V of the Data Protection Act 1998
31AEnforcement: third party information notices
31BEnforcement: appeals
32Request that the Commissioner exercise his enforcement functions
33Technical advice to the Commissioner
34Amendment to the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000
35Amendment to the Electronic Communications (Universal Service) Order 2003
36Transitional provisions
37Review of implementation
SCHEDULE 1Modifications for the purposes of these Regulations to Part V and sections 55A to 55E of the Data Protection Act 1998 and Schedules 6 and 9 to that Act as extended by Regulation 31
Modifications of the Data Protection Act 1998
1In section 40— (a) in subsection (1), for the words...
2In section 41(1) and (2), for the words “data protection...
2ASections 41A to 41C shall be omitted.
3Section 42 shall be omitted.
4In section 43— (a) for subsections (1) and (2) there...
5Sections 44, 45 and 46 shall be omitted.
6In section 47— (a) in subsection (1), “special information notice”...
7In section 48— (a) in subsections (1) and (3), for...
8In section 49 subsection (5) shall be omitted.
8AExcept where paragraph 8AA applies, in section 55A—
8AAIn section 55A, when applied to regulations 19 to 24...
8BIn section 55B, for the words “data controller” (in subsections...
8CIn section 55E, for the words “data controller” in subsection...
9In paragraph 4(1) of Schedule 6, for the words “(2)...
10In paragraph 1 of Schedule 9— (a) for subparagraph (1)(a)...
10AIn paragraph 2(1A) of Schedule 9 for “assessment notice” there...
11In paragraph 9 of Schedule 9— (a) in subparagraph (1)(a)...
Modifications of secondary legislation
12Modification of the Data Protection (Monetary Penalties) (Maximum Penalty and Notices) Regulations 2010
13Modification of the Data Protection (Monetary Penalties) Order 2010
SCHEDULE 2Transitional provisions
Interpretation
1In this Schedule “the 1999 Regulations” means the Telecommunications (Data...
Directories
2(1) Regulation 18 of these Regulations shall not apply in...
Notifications
3(1) A notification of consent given to a caller by...
Registers kept under regulations 25 and 26
4(1) A notification given by a subscriber pursuant to regulation...
References in these Regulations to OFCOM
5In relation to times before an order made under section...
2003 No. 2426
ELECTRONIC COMMUNICATIONS

The Privacy and Electronic Communications (EC Directive) Regulations 2003

Made
Laid before Parliament
Coming into force

The Secretary of State, being a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in respect of matters relating to electronic communications, in exercise of the powers conferred upon her by that section, hereby makes the following Regulations: