The Telecommunications (Data Protection and Privacy) Regulations 1999

Use of fax for direct marketing purposes—communications on lines of subscribers who are individuals

24.—(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 facsimile transmission where the called line is that of a subscriber who is an individual; and–

(a)the provisions of this regulation and those of regulation 23 are without prejudice to each other, and

(b)in a case in which an automated calling system within the meaning of regulation 22(1) is used, the provisions of this regulation and those of regulation 22 are without prejudice to each other.

(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 for the time being to such communications as are there mentioned being sent by, or at the instigation of, the caller in question on that line.