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

Consolidated Text As Enacted Cited authorities 18 Cited in Amendments 10 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1998/3170
Year1998
  • These Regulations may be cited as the Telecommunications (Data Protection and Privacy) (Direct Marketing) Regulations 1998 and shall come into force on 1st May 1999.
    • (1) In these Regulations—
    • “corporate subscriber” means a subscriber who is not an individual, that is to say, a subscriber who is—
      • (a) a company within the meaning of section 735(1) of the Companies Act 1985;
      • (b) a company incorporated in pursuance of a royal charter or letters patent;
      • (c) a partnership in Scotland;
      • (d) a corporation sole, or
      • (e) any other body corporate or other entity which is a legal person distinct from the persons (if any) of which it is composed;
    • “the Data Protection Registrar” and “the Registrar” both mean the Registrar appointed under section 3 of the Data Protection Act 1984
      • ;
    • “the Directive” means Directive 97/66/EC of the European Parliament and of the Council of the European Union;
    • “the Director” means the Director General of Telecommunications appointed under section 1 of the Telecommunications Act 1984
      • ;
    • “individual” means a living individual and includes an unincorporate body of such individuals;
    • “public telecommunications network” means any transmission system and, where applicable, switching equipment and other resources which—
      • (a) permit the conveyance of signals between defined termination points by wire, by radio, by optical or by other electromagnetic means, and
      • (b) are used, in whole or in part, for the provision of publicly available telecommunications services;
    • “subscriber” means a person who is a party to a contract with a telecommunications service provider for the supply of publicly available telecommunications services;
    • “telecommunications network provider” means a person who provides a public telecommunications network (whether or not he is also a telecommunications service provider) ;
    • “telecommunications service provider” means a person who provides publicly available telecommunications services (whether or not he is also a telecommunications network provider) ;
    • “telecommunications services” means services the provision of which consists, in whole or in part, of the transmission and routing of signals on telecommunications networks, not being services by way of radio or television broadcasting.
    (2) Subject to paragraph (1) and except where the context otherwise requires, expressions used in these Regulations which are also used in the Directive have the same meanings in these Regulations as they have in the Directive.(3) In a case in which signals are conveyed to telecommunications equipment used by a subscriber, wholly or partly otherwise than by line, any reference in these Regulations to a line shall be construed as including a reference to what, in that case, functionally corresponds to a line.(1) The amendments set out in Schedule 1 shall have effect.(2) To the extent that any term in a contract between a subscriber to, and the provider of, publicly available telecommunications services would be inconsistent with a requirement of these Regulations, that term shall be void.(1) Except where the context otherwise requires, a consent or notification for the purposes of these Regulations may be in general or more limited terms and may be subject to conditions and, so long as it remains in force, shall have effect according to its tenor.(2) A notification for the purposes of these Regulations may (without prejudice to any other method of transmission) be sent by post.(1) This Part shall apply in relation to the use of publicly available telecommunications services for direct marketing purposes.(2) Any reference in this Part to direct marketing is a reference to the communication of any advertising or marketing material on a particular line.(3) In this Part, “caller” means a person using publicly available telecommunications services for direct marketing purposes, except that where such services are so used at the instigation of some other person “caller” means that other person.(1) This regulation applies in relation to the use of publicly available telecommunications services for the communication of material, for direct marketing purposes, by means of an automated calling system, that is to say, a system which, when activated, operates to make calls without human intervention, whether the called line is that of a subscriber who is an individual or that of a corporate subscriber.(2) A person shall not use, or instigate the use of, publicly available telecommunications services, and a subscriber to such services shall not permit his line to be used, as mentioned in paragraph (1) , except where the called line is that of a subscriber who has previously notified the caller that he consents to such communications as are there mentioned being made by, or at the instigation of, the caller in question on that line.(1) This regulation applies in relation to the use of publicly available telecommunications services for the unsolicited communication of material, for direct marketing purposes, by means of facsimile transmission, whether the called line is that of a subscriber who is an individual or that of a corporate subscriber.the called line is that of a subscriber who has previously notified the caller (notwithstanding, in the case of a subscriber who is an individual, that he enjoys the benefit of regulation 8) that such unsolicited communications as are there mentioned should not be sent on that line, orthe number allocated to a subscriber in respect of the called line is one listed in the record kept under paragraph (4) .(3) For the purposes of paragraphs (1) and (2) , the communication of material as mentioned in paragraph (1) shall not be treated as unsolicited where the called line is that of a subscriber who has notified the caller that he does not object to receiving on that line such communications as are so mentioned from the caller in question.the Director shall maintain and keep up-to-date, in printed form or in electronic form, a record of the numbers allocated to subscribers, in respect of particular lines, who have notified him (notwithstanding, in the case of individuals, that they enjoy the benefit of regulation 8) that they do not for the time being wish to receive such communications as are mentioned in paragraph (1) on the lines in question, and he shall remove a number from the record where he has reason to believe that it has ceased to be allocated to the subscriber by whom he was so notified, anda person wishing to send, or instigate the sending of, such communications, ora subscriber wishing to permit the use of his line for the sending of such communications,for

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