The Privacy and Electronic Communications (EC Directive) Regulations 2003

Interpretation U.K.

2.—(1) In these Regulations—

“bill” includes an invoice, account, statement or other document of similar character and “billing” shall be construed accordingly;

“call” means a connection established by means of a telephone service available to the public allowing two-way communication in real time;

“communication” means any information exchanged or conveyed between a finite number of parties by means of a public electronic communications service, but does not include information conveyed as part of a programme service, except to the extent that such information can be related to the identifiable subscriber or user receiving the information;

“communications provider” has the meaning given by section 405 of the Communications Act 2003 M1 ;

[F1 “consent” by a user or subscriber corresponds to the data subject’s consent in the [F2 UK GDPR] (as defined in section 3(10) of the Data Protection Act 2018);]

“corporate subscriber” means a subscriber who is—

(a)

a company within the meaning of section 735(1) of the Companies Act 1985 M2 ;

(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 entity which is a legal person distinct from its members;

“the Directive” means Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) M3 ;

“electronic communications network” has the meaning given by section 32 of the Communications Act 2003 M4 ;

“electronic communications service” has the meaning given by section 32 of the Communications Act 2003;

“electronic mail” means any text, voice, sound or image message sent over a public electronic communications network which can be stored in the network or in the recipient’s terminal equipment until it is collected by the recipient and includes messages sent using a short message service;

“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

“individual” means a living individual and includes an unincorporated body of such individuals;

“the Information Commissioner” and “the Commissioner” both mean the Commissioner appointed under [F3 the Data Protection Act 2018];

“information society service” has the meaning given in regulation 2(1) of the Electronic Commerce (EC Directive) Regulations 2002 M5 ;

“location data” means any data processed in an electronic communications network [F4 or by an electronic communications service] indicating the geographical position of the terminal equipment of a user of a public electronic communications service, including data relating to—

(f)

the latitude, longitude or altitude of the terminal equipment;

(g)

the direction of travel of the user; or

(h)

the time the location information was recorded;

“OFCOM” means the Office of Communications as established by section 1 of the Office of Communications Act 2002 M6 ;

[F5 “personal data breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed in connection with the provision of a public electronic communications service;]

“programme service” has the meaning given in section 201 of the Broadcasting Act 1990 M7 ;

“public communications provider” means a provider of a public electronic communications network or a public electronic communications service;

“public electronic communications network” has the meaning given in section 151 of the Communications Act 2003 M8 ;

“public electronic communications service” has the meaning given in section 151 of the Communications Act 2003;

“subscriber” means a person who is a party to a contract with a provider of public electronic communications services for the supply of such services;

“traffic data” means any data processed for the purpose of the conveyance of a communication on an electronic communications network or for the billing in respect of that communication and includes data relating to the routing, duration or time of a communication;

“user” means any individual using a public electronic communications service; and

“value added service” means any service which requires the processing of traffic data or location data beyond that which is necessary for the transmission of a communication or the billing in respect of that communication.

(2) Expressions used in these Regulations that are not defined in paragraph (1) and are defined in the Data Protection Act 1998 shall have the same meaning as in that Act.

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Any reference in these Regulations to a line shall, without prejudice to paragraph (3), be construed as including a reference to anything that performs the function of a line, and “connected”, in relation to a line, is to be construed accordingly.

Textual Amendments

F1 Words in reg. 2(1) inserted (29.3.2019) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), regs. 1(3), 8(2)

F2 Words in reg. 2(1) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 44 (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 2(1) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 292 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F4 Words in reg. 2 inserted (26.5.2011) by The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (S.I. 2011/1208), regs. 1(1), 3(a)

F5 Words in reg. 2 inserted (26.5.2011) by The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (S.I. 2011/1208), regs. 1(1), 3(b)

F6 Reg. 2(3) omitted (29.3.2019) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), regs. 1(3), 8(3)

Marginal Citations

M1 2003 c. 21; for the commencement of section 405, see section 411(2) and (3) of the same Act.

M2 1985 c. 6.

M3 OJ No L 201, 31.07.02, p. 37.

M4 For the commencement of section 32, see article 2(1) of S.I. 2003/1900 (C. 77).

M5 S.I. 2002/2013.

M6 2002 c. 11.

M7 1990 c. 42; section 201 was amended by section 148(1) of and paragraph 11 of Schedule 10 to the Broadcasting Act 1996 (c. 55).

M8 For the commencement of section 151, see article 2(1) of S.I. 2003/1900 (C. 77).