The Privacy and Electronic Communications (EC Directive) Regulations 2003

[F1 [F2 8AA.   In section 55A, when applied to regulations 19 to 24 of these Regulations— U.K.

(a) in subsection (1)—

(i) for “data controller” there shall be substituted “person”;

(ii) in paragraph (a), for “of section 4(4) by the data controller” there shall be substituted “of the requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003, and”; and

(iii) for paragraphs (b) and (c) there shall be substituted—

“(b) subsection (2) or (3) applies.”;

(b) in subsection (3)—

(i) for “data controller” there shall be substituted “person”; and

(ii) for paragraph (a) substitute—

“(a) knew or ought to have known that there was a risk that the contravention would occur, but”;

(c) subsection (3A) shall be omitted;

[F3 (ca) before subsection (4) there shall be inserted the following subsections—

“(3B) If a monetary penalty notice has been served under this section on a body, the Commissioner may also serve a monetary penalty notice on an officer of the body if the Commissioner is satisfied that the contravention in respect of which the monetary penalty notice was served on the body—

(a) took place with the consent or connivance of the officer, or

(b) was attributable to any neglect on the part of the officer.

(3C) In subsection (3B)—

“body” means a body corporate or a Scottish partnership;

“officer” in relation to a body means—

(a)

in relation to a body corporate—

(i)

a director, manager, secretary or other similar officer of the body or any person purporting to act in such capacity, or

(ii)

where the affairs of the body are managed by its members, a member; or

(b)

in relation to a Scottish partnership, a partner or any person purporting to act as a partner.”]

(d) in subsection (4), for “data controller” there shall be substituted “person [F4 on whom it is served]”; and

(e) in subsection (9), the definition of “data controller” shall be omitted.]]

Textual Amendments

F1 Sch. 1 paras. 8A, 8B inserted (26.5.2011) by The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (S.I. 2011/1208), regs. 1(1), 14(e)

F2 Sch. 1 para. 8AA inserted (6.4.2015) by The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2015 (S.I. 2015/355), regs. 1, 2(4)

F3 Sch. 1 para. 8AA(ca) inserted (17.12.2018) by The Privacy and Electronic Communications (Amendment) Regulations 2018 (S.I. 2018/1189), regs. 1, 2(3)(a)

F4 Words in Sch. 1 para. 8AA(d) inserted (17.12.2018) by The Privacy and Electronic Communications (Amendment) Regulations 2018 (S.I. 2018/1189), regs. 1, 2(3)(b)