Detail

The Telecommunications (Data Protection and Privacy) Regulations 1999 relate to the protection of privacy and the use of personal data in the telecommunications sector. The key elements covered are:

Part II

The processing of traffic and billing data is limited to what is necessary for efficient management of the telecoms system, customer enquiries, billing and the detection of fraud. Subscribers must have given consent for their data to be used by a telecoms service provider in order to market telecoms services. Service providers cannot use subscriber data to market other (non-telecoms) goods or services.

Part III

The ability to withhold the presentation of calling, or in certain circumstances, called line identification, where this service is available, free of charge on either a call-by-call basis or per-line. This can be overridden in order to trace malicious or nuisance calls, or by organisations responding to emergency calls.

Part IV

The right to be excluded from a public directory of subscribers free of charge or to limit the amount of personal data appearing in such a directory, e.g. by partial omission of the address. Corporate subscribers can also chose to be excluded from directories.

Part V

Provisions relating to unsolicited direct marketing calls and faxes and the use of automated calling systems for direct marketing purposes. These provisions were first implemented by the Telecommunications (Data Protection and Privacy) (Direct Marketing) Regulations 1998, now repealed and replaced by Part V of the 1999 Regulations.

Click here for an explanatory note on how to avoid unsolicited direct marketing calls and faxes.

Enforcement

The Regulations are enforced by the Information Commissioner's Office (ICO). The ICO guidance on the Regulations is available from the ICO website at http://www.dataprotection.gov.uk/ (follow the links for "guidance and other publications" then expand the link for "legal guidance" and select "telecoms guidance").

Enquiries relating to enforcement of the Regulations can be directed to the ICO using the following details:

The updating Directive on Privacy and Electronic Communications

As part of the European Commission's 1999 Review of the European Communications Framework, a draft proposal to update the existing Telecoms Data Protection Directive was adopted on 12 July 2000, formerly known as the Communications Data Protection Directive (CDPD) but now known as the Directive on Privacy and Electronic Communications (DPEC).  The final Directive (2002/58/EC) was adopted on 12 July 2002 and requires implementation in Member States by 31 October 2003.  Further information on the Directive is available on the DTI website here.

Further Information

The Telecommunications (Data Protection and Privacy) Regulations 1999 (S.I. 1999 No. 2093)

The Telecoms Data Protection Directive 97/66/EC (PDF format)

The Directive on Privacy and Electronic Communications

Explanatory note on how to avoid direct marketing calls and faxes

Government Contacts

Mr Guy Russell
International Communications
Department of Trade and Industry
Bay 203
151 Buckingham Palace Road
London SW1W 9SS
Tel: (020) 7215 1806

Fax: (020) 7215 4161
Email: guy.russell@dti.gsi.gov.uk

or

Mr Dele Muji
International Communications
Department of Trade and Industry
Bay 201
151 Buckingham Palace Road
London SW1W 9SS

Tel: (020) 7215 1808
Fax: (020) 7215 4161

Email: Dele.Muji@dti.gsi.gov.uk