(1) No person shall process location data other than traffic data relating to users or subscribers of undertakings unless -

(a) such data are made anonymous, or

(b) they have obtained the consent of the users or subscribers in accordance with section 2A(1) (a) of the Act of 1988 (inserted by section 4 of the Act of 2003) to the extent and for the duration necessary for the provision of a value added service.

(2) An undertaking, that has not already done so, shall inform its users or subscribers, prior to obtaining their consent in accordance with section 2A(1) (a) of the Act of 1988 (inserted by section 4 of the Act of 2003), of -

(a) the type of location data other than traffic data which will be processed,

(b) the purposes and duration of the processing, and