The Telecommunications (Data Protection and Privacy) Regulations 1999

PART IVDIRECTORIES OF SUBSCRIBERS

Application and interpretation of Part IV

17.—(1) This Part shall apply in relation to a directory of subscribers to publicly available telecommunications services, whether in printed form or in electronic form–

(a)which is made available to the public or a section of the public, or

(b)information from which is provided by a directory enquiry service.

(2) In this Part any reference to a directory is a reference to such a directory as is mentioned in paragraph (1), “production” in relation to a directory means its publication or preparation and cognate expressions shall be construed accordingly.

(3) Such a request as is mentioned in paragraph (3) of regulation 18 or paragraph (2) of regulation 19 shall be treated for the purposes of the regulation in question as having no application in relation to an edition of a directory which was first produced before the request was received by the producer of the directory; and, for the purposes hereof, an edition of a directory which is revised after it was first produced shall be treated as a new edition.

Entries relating to individuals

18.—(1) This regulation applies in relation to a directory which includes entries which relate to subscribers who are individuals, and any person who produces such a directory shall, without charge to any such subscriber, ensure that it complies with this regulation.

(2) Except to the extent, if any, to which the subscriber in question has consented otherwise, such a directory shall not contain any personal data whereof the data subject is a subscriber who is an individual other than data which are necessary to identify him and the number allocated to him.

(3) Without prejudice to paragraph (2), where a subscriber who is an individual has so requested the producer of such a directory then, in his case–

(a)no entry relating to a number specified in the request shall be included in that directory;

(b)no entry therein shall contain a reference which reveals his sex; and

(c)no such entry shall contain such part of his address as is so specified.

(4) Where, in connection with the production of a directory, information relating to a particular subscriber is supplied to the producer thereof by some other person–

(a)where the other person has in his possession such a request by that subscriber as is mentioned in paragraph (3) (to whomsoever made) or a copy or record of such a request, he shall, without undue delay, transmit a copy of that request or a copy of that record to the producer of the directory, and

(b)subject to receipt by the producer of the directory of a copy of a request or of a record thereof so transmitted, the request in question shall be treated for the purposes of paragraph (3) as if it had been made to that producer.

Entries relating to corporate subscribers

19.—(1) This regulation applies in relation to a directory which includes entries which relate to corporate subscribers and any person who produces such a directory shall, without charge to any such subscriber, ensure that it complies with this regulation.

(2) Where a corporate subscriber has so requested the producer of such a directory, then, in its case, no entry relating to a number specified in the request shall be included in that directory.

(3) Paragraph (4) of regulation 18 shall have effect for the purposes of this regulation as if any reference therein to paragraph (3) of that regulation were a reference to paragraph (2) of this regulation.

Supplementary provisions relating to directory enquiry services

20.  Where a person directs an enquiry relating to a particular subscriber to a directory enquiry service but there is either no entry relating to that subscriber, or no entry relating to his number, in a directory used by that service, nothing in this Part shall be taken to preclude the person in question being told the reason, or possible reason, why there is no such entry, in particular, that, in pursuance of a request made by the subscriber for the purposes of regulation 18(3), regulation 18(3)(a) applies or, in the case of a corporate subscriber, in pursuance of a request made by it for the purposes of regulation 19(2), that provision applies.