European Communities (Data Protection and Privacy in Telecommunications) Regulations, 2002

• Jurisdiction: Ireland
• Citation: IR SI 192/2002

Made by
the Minister for Public Enterprise
PART 1
PRELIMINARY AND GENERAL
1. Citation. 2. Interpretation and application of Regulations. 3. Services to which Regulations apply.
PART 2
TRAFFIC DATA AND BILLING DATA
4. Processing of traffic data and billing data.
PART 3
CALLING LINE IDENTIFICATION AND CONNECTED LINE IDENTIFICATION
5. Calling line identification and connected line identification. 6. Information to members of public. 7. Exceptions to elimination of presentation of calling line identification.
PART 4
DIRECTORIES OF SUBSCRIBERS
8. Directories of subscribers.
PART 5
USE OF TELECOMMUNICATIONS SERVICES FOR PURPOSE OF DIRECT MARKETING
9. Unsolicited calls. 10. National Directory Database.
PART 6
ENFORCEMENT
11. Damages for contravention of Regulations. 12. Enforcement of Regulations by Commissioner. 13. Enforcement of certain Regulations by Director. 14. Co-operation between Commissioner and Director.
PART 7
MISCELLANEOUS
15. Security of telecommunications services. 16. Right to bills that are not itemised. 17. Itemised billing and privacy. 18. Cessation of automatic call forwarding. 19. Amendment of section 14(1) of Act of 1988. 20. Amendment of Regulation 10(2)(b) of Regulations of 1999. 21. Transfer of functions from Director to Commission for Communications Regulation.
I, Mary O'Rourke, Minister for Public Enterprise, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 1 concerning the processing of personal data and the protection of privacy in the telecommunications sector and for the purpose of giving further effect to Directive 98/10/EC of the European Parliament and of the Council of 26 February 1998 2 on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment, make the following regulations:
PART 1 PRELIMINARY AND GENERAL
	Citation.	1. These Regulations may be cited as the European Communities (Data Protection and Privacy in Telecommunications) Regulations 2002.
	Interpretation and application of Regulations.	2. (1) In these Regulations, unless the context otherwise requires -
“Act of 1988” means Data Protection Act 1988 (No. 25 of 1988);
“automated data” means information that -
(a) is being processed by means of equipment operating automatically in response to instructions given for that purpose, or
(b) is recorded with the intention that it should be processed by means of such equipment;
“automatic calling machine” means an automatic calling machine which, when activated operates to make calls without human intervention;
“blocking”, in relation to data, means so marking the data that it is not possible to process it for purposes in relation to which it is marked;
“Commissioner” means Data Protection Commissioner;
“data” means automated data and manual data;
“data controller” means a person who, either alone or with others, controls the contents and use of personal data;
“Directive” means Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector;
“Director” means Director of Telecommunications Regulation;
“directory” means a directory of subscribers in printed or electronic form -
(a) that is available to members of the public, or
(b) information from which is available to members of the public by way of a directory enquiry service;
“the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol signed at Brussels on 17 March 1993;
“enactment” means a statute or an instrument made under a power conferred by statute;
“European Economic Area” has the meaning assigned to it by the EEA Agreement;
“manual data” means information that is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system;
“National Directory Database” means the record of subscribers kept by the operator under Regulation 10(2)(b) of the Regulations of 1999;
“the operator” means the person designated by the Director under Regulation 3 of the Regulations of 1999 to provide a universal service (within the meaning of those Regulations in respect of the directory services referred to in Regulation 10(2) of those Regulations;
“personal data” means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller;
“processing”, of or in relation to information or data, means performing any operation or set of operations on the information or data, whether or not by automatic means, including -
(a) obtaining, recording or keeping the information or data,
(b) collecting, organising, storing, altering or adapting the information or data,
(c) retrieving, consulting or using the information or data,
(d) disclosing the information or data by transmitting, disseminating or otherwise making it available, or
(e) aligning, combining, blocking, erasing or destroying the information or data,
and cognate words shall be construed accordingly;
“public telecommunications network” means a transmission system and, where applicable any switching equipment and other resources which permit the conveyance of signals between defined termination points by wire, by radio, by optical or by other electromagnetic means, which are used, in whole or in part, for the provision of publicly available telecommunications services;
“publishes”, in relation to a directory, includes makes available, and cognate words shall be construed accordingly;
“Regulations of 1999” means European Communities (Voice Telephony and Universal Service) Regulations 1999 ( S.I. No. 71 of 1999 );
“relevant filing system” means any set of information relating to individuals to the extent that, although the information is not processed by means of equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible;
“relevant telecommunications services provider” means -
(a) in relation to a user, the telecommunications services provider of the telecommunications services used by the user, and
(b) in relation to a subscriber, the telecommunications services provider of telecommunications services to the subscriber;
“subscriber” means a person who has contracted with a telecommunications services provider for the supply by the provider to the person of telecommunications services;
“telecommunications network provider” means a person who provides a public telecommunications network;
“telecommunications services” means services, other than radio and television broadcasting whose provision consists, in whole or in part, of the transmission and routing of signals on telecommunications networks;
“telecommunications services provider” means a person who provides publicly available telecommunications services;
“termination points” means all physical connections and their technical access specifications which form part of any public telecommunications network and are necessary for access to and efficient communication through, that network and which are individually identified by numbers allocated from the scheme administered by the Director which sets out the sequence of numbers or other characters which are used to route telephony traffic to specific locations;
“unlisted”, in relation to a subscriber, means that the subscriber has indicated to the operator that he, she or it does not wish to have particulars relating to him, her or it included in subscriber directories within the meaning of Regulation 10 of the Regulations of 1999 made available by the operator under paragraph (2)(a) of that Regulation in respect of a particular line;
“unsolicited call” means a call by means of an automatic calling machine, a facsimile machine or telephone that is not requested by the called party;
“user” means an individual who, for private or business purposes, uses a publicly available telecommunications service, whether or not the individual is a subscriber in respect of the service.
(2) A word or expression that is used in these Regulations and is also used in the Directive shall, unless the contrary intention appears, have in these Regulations the same meaning as it has in the Directive.
(3) In these Regulations, unless the context otherwise requires -
(a) a reference to a Regulation is a reference to a Regulation of these Regulations,
(b) a reference to a paragraph or subparagraph is a reference to the paragraph or subparagraph of the provision in which the reference occurs,
(c) a reference to an Article or an Annex is a reference to an Article of, or the Annex to, the Directive, and
(d) a reference to any enactment shall be construed as a reference to that enactment as amended or extended by or under any subsequent enactment (including these Regulations).
(4) In any case in which signals are conveyed to or from telecommunications equipment, wholly or partly otherwise than by a line, any reference in these Regulations to a line shall be construed as including a reference to what, in that case, functionally corresponds to a line and “connected,” in...