UK IMPLEMENTATION OF DPEC

The UK has implemented DPEC through the Privacy and Electronic Communications (EC Directive) Regulations 2003.157 These regulations were amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2004.¹⁵⁸

There is very little difference between the DPEC and the UK regulations. The main differences are:

• Regulation 9(2), which concerns itemized billing, places a duty on Ofcom to reconcile the rights of subscribers receiving the itemized bills and the right to privacy of calling users and called subscribers. This implements Article 7.2. of the DPEC.

• Regulation 15, which concerns the overriding of suppression of calling line identification when the communication provider is asked to trace a malicious or nuisance call, extends Article 10(b) of the DPEC by making it a requirement that the communications provider is satisfied that this action is necessary and expedient for the purposes of tracing calls.

• Regulation 17, which is concerned with automatic call forwarding, extends Article 11 of the DPEC by imposing an obligation on all communications providers to comply with reasonable requests from subscribers’communications providers for assistance in preventing automatic call forwarding.

• Regulations 25 and 26 are concerned with the Fax Preference Service register and the Telephone Preference Service register respectively. Subscribers, individual or corporate, may register their decision not to receive direct marketing communications with these services. Communications providers are expected to consult the suppression registers.

• Regulation 30 entitles a person who has suffered damage as a result of a contravention of the Regulations to bring a claim for compensation before the courts.

• The enforcement procedures in Part V of the DPA apply with contextual modifications. Ofcom may request the Information Commissioner to take enforcement action, under Regulation 32.

• Regulation 33 places an obligation on Ofcom to provide the Information Commissioner with advice on technical matters for the purpose of the Commissioner’s enforcement obligations.

Although DPEC and the UK regulations are very much the same, domestic law on interception of communications and retention of communications data is very much advanced.