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The Privacy and Electronic Communications (EC Directive) Regulations 2003

Status:

This is the original version (as it was originally made).

Use of automated calling systems

19.—(1) A person shall neither transmit, nor instigate the transmission of, communications comprising recorded matter for direct marketing purposes by means of an automated calling system except in the circumstances referred to in paragraph (2).

(2) Those circumstances are where the called line is that of a subscriber who has previously notified the caller that for the time being he consents to such communications being sent by, or at the instigation of, the caller on that line.

(3) A subscriber shall not permit his line to be used in contravention of paragraph (1).

(4) For the purposes of this regulation, an automated calling system is a system which is capable of—

(a)automatically initiating a sequence of calls to more than one destination in accordance with instructions stored in that system; and

(b)transmitting sounds which are not live speech for reception by persons at some or all of the destinations so called.

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