- (b) if exemption from the requirement in question—
- (i) is required for the purposes of, or in connection with, any legal proceedings (including prospective legal proceedings);
- (ii) is necessary for the purposes of obtaining legal advice; or
- (iii) is otherwise necessary for the purposes of establishing, exercising or defending legal rights.
Proceedings for compensation for failure to comply with requirements of the Regulations
30.—(1) A person who suffers damage by reason of any contravention of any of the requirements of these Regulations by any other person shall be entitled to bring proceedings for compensation from that other person for that damage.
(2) In proceedings brought against a person by virtue of this regulation it shall be a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the relevant requirement.
(3) The provisions of this regulation are without prejudice to those of regulation 31.
Enforcement–extension of Part V of the Data Protection Act 1998
31.—(1) The provisions of Part V of the Data Protection Act 1998 and of Schedules 6 and 9 to that Act are extended for the purposes of these Regulations and, for those purposes, shall have effect subject to the modifications set out in Schedule 1.
(2) In regulations 32 and 33, “enforcement functions” means the functions of the Information Commissioner under the provisions referred to in paragraph (1) as extended by that paragraph.
(3) The provisions of this regulation are without prejudice to those of regulation 30.
Request that the Commissioner exercise his enforcement functions
32. Where it is alleged that there has been a contravention of any of the requirements of these Regulations either OFCOM or a person aggrieved by the alleged contravention may request the Commissioner to exercise his enforcement functions in respect of that contravention, but those functions shall be exercisable by the Commissioner whether or not he has been so requested.
Technical advice to the Commissioner
33. OFCOM shall comply with any reasonable request made by the Commissioner, in connection with his enforcement functions, for advice on technical and similar matters relating to electronic communications.
Amendment to the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000
34. In regulation 3 of the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000(a)[1], for paragraph (3), there shall be substituted—
- “(3) Conduct falling within paragraph (1)(a)(i) above is authorised only to the extent that Article 5 of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector so permits.”.
- ↑ (a) S.I. 2000/2699.
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