The Telecommunications (Data Protection and Privacy) Regulations 1999

Provisions relating to regulation 8

1.—(1) For the purposes of this paragraph, such data as are mentioned in paragraph (1) of regulation 8 are eligible data at any time if, and to the extent that, they are at that time subject to processing which was already under way immediately before 1st March 2000 being processing by a telecommunications service provider for the purposes of marketing telecommunications services provided by him (“the existing processing”).

(2) This paragraph shall apply where the telecommunications service provider concerned has given a subscriber written notice of the existing processing and of the effect of this paragraph (“a notified subscriber”).

(3) Subject as hereinafter provided, for the purposes of regulation 8(2) in relation to the continued processing of eligible data which constitute personal data whereof the data subject is a notified subscriber, or, in the case of a notified corporate subscriber, would constitute such data if that subscriber were an individual, the notified subscriber shall be deemed to have given his consent.

(4) If, within 2 months of a notified subscriber having been given the notice referred to in sub-paragraph (2), he expresses his dissent by written notice given to the telecommunications service provider concerned, then, in the case of that subscriber, the provider concerned shall cease, as soon as is reasonably practicable, the continued processing of eligible data in pursuance of sub-paragraph (3).

(5) Without prejudice to sub-paragraph (4), where a notified subscriber is deemed to have given his consent for the purposes of regulation 7(2), that consent may be withdrawn by him as though it were a consent actually given.