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Privacy and Electronic Communications (EC Directive) Regulations 2003 [SI 2003 No. 2426] (PECR)Introductory TextRegulation 1 Citation and commencementRegulation 2 InterpretationRegulation 3 Revocation of the Telecommunications (Data Protection and Privacy) Regulations 1999Regulation 4 Relationship between these Regulations and the data protection legislationRegulation 5 Security of public electronic communications servicesRegulation 5A Personal data breachRegulation 5B Personal data breach: auditRegulation 5C Personal data breach: enforcementRegulation 6 Confidentiality of communicationsDraft Regulation 6A Power to provide exceptions to regulation 6(1)Regulation 7 Restrictions on the processing of certain traffic dataRegulation 8 Further provisions relating to the processing of traffic data under regulation 7Regulation 9 Itemised billing and privacyRegulation 10 Prevention of calling line identification - outgoing callsRegulation 11 Prevention of calling or connected line identification - incoming callsRegulation 12 Publication of information for the purposes of regulations 10 and 11Regulation 13 Co-operation of communications providers for the purposes of regulations 10 and 11Regulation 14 Restrictions on the processing of location dataRegulation 15 Tracing of malicious or nuisance callsRegulation 16 Emergency callsRegulation 16A Emergency alertsRegulation 17 Termination of automatic call forwardingRegulation 18 Directories of subscribersRegulation 19 Use of automated calling systemsRegulation 20 Use of facsimile machines for direct marketing purposesRegulation 21 Calls for direct marketing purposesRegulation 21A Calls for direct marketing of claims management servicesRegulation 21B Calls for direct marketing in relation to pension schemesRegulation 22 Use of electronic mail for direct marketing purposesRegulation 23 Use of electronic mail for direct marketing purposes where the identity or address of the sender is concealedRegulation 24 Information to be provided for the purposes of regulations 19, 20 and 21 or 21ARegulation 25 Register to be kept for the purposes of regulation 20Regulation 26 Register to be kept for the purposes of regulation 21Regulation 27 Modification of contractsRegulation 28 National securityRegulation 29 Legal requirements, law enforcement etc.Regulation 29ARegulation 30 Proceedings for compensation for failure to comply with requirements of the RegulationsRegulation 31 Enforcement - extension of Part V of the Data Protection Act 1998Regulation 31A Enforcement: third party information noticesRegulation 31B Enforcement: appealsRegulation 32 Request that the Commissioner exercise his enforcement functionsDraft Regulation 32A Codes of conductDraft Regulation 32B Accreditation of bodies monitoring compliance with codes of conductDraft Regulation 32C Effect of codes of conductRegulation 33 Technical advice to the CommissionerRegulation 34 Amendment to the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000Regulation 35 Amendment to the Electronic Communications (Universal Service) Order 2003Regulation 36 Transitional provisionsRegulation 37 Review of implementationDraft Schedule A1 Storing information in the terminal equipment of a subscriber or userSchedule 1 Modifications for the purposes of these Regulations to Part V and sections 55A to 55E of the Data Protection Act 1998 and Schedules 6 and 9 to that Act as extended by Regulation 31Schedule 2 Transitional provisionsSignatureExplanatory Note
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 17 December 2018 - onwards
Version 5 of 5

Schedule 1 Modifications for the purposes of these Regulations to Part V and sections 55A to 55E of the Data Protection Act 1998 and Schedules 6 and 9 to that Act as extended by Regulation 31

Regulation 31

Modifications of the Data Protection Act 1998

1. In section 40 -

(a) in subsection (1), for the words "data controller" there shall be substituted the word "person", for the words "data protection principles" there shall be substituted the words "requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (in this Part referred to as "the relevant requirements")" and for the words "principle or principles" there shall be substituted the words "requirement or requirements";

(b) in subsection (2), the words "or distress" shall be omitted;

(c) subsections (3), (4), (5), (9) and (10) shall be omitted; and

(d) in subsection (6)(a), for the words "data protection principle or principles" there shall be substituted the words "relevant requirement or requirements."

2. In section 41(1) and (2), for the words "data protection principle or principles", in both places where they occur, there shall be substituted the words "relevant requirement or requirements".

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