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The Privacy and Electronic Communications (EC Directive) Regulations 2003
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- UK Statutory Instruments
- 2003 No. 2426
- Regulation 6
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Confidentiality of communicationsU.K.
6.—(1) Subject to paragraph (4), a person shall not [F1store or] gain access to information stored, in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met.
(2) The requirements are that the subscriber or user of that terminal equipment—
(a)is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and
[F2(b)has given his or her consent.]
(3) Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user on more than one occasion, it is sufficient for the purposes of this regulation that the requirements of paragraph (2) are met in respect of the initial use.
[F3(3A) For the purposes of paragraph (2), consent may be signified by a subscriber who amends or sets controls on the internet browser which the subscriber uses or by using another application or programme to signify consent.]
(4) Paragraph (1) shall not apply to the technical storage of, or access to, information—
(a)for the sole purpose of carrying out F4... the transmission of a communication over an electronic communications network; or
(b)where such storage or access is strictly necessary for the provision of an information society service requested by the subscriber or user.
Textual Amendments
F1Words in reg. 6(1) substituted (26.5.2011) by The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (S.I. 2011/1208), regs. 1(1), 6(2)
F2Reg. 6(2)(b) substituted (26.5.2011) by The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (S.I. 2011/1208), regs. 1(1), 6(3)
F3Reg. 6(3A) inserted (26.5.2011) by The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (S.I. 2011/1208), regs. 1(1), 6(4)
F4Words in reg. 6(4)(a) omitted (26.5.2011) by virtue of The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (S.I. 2011/1208), regs. 1(1), 6(5)
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