- (b) given the opportunity to determine whether such of his personal data as are considered relevant by the producer of the directory should be included in the directory.
(3) Where personal data of an individual subscriber are to be included in a directory with facilities which enable users of that directory to obtain access to that data solely on the basis of a telephone number—
- (a) the information to be provided under paragraph (2)(a) shall include information about those facilities; and
- (b) for the purposes of paragraph (2)(b), the express consent of the subscriber to the inclusion of his data in a directory with such facilities must be obtained.
(4) Data relating to a corporate subscriber shall not be included in a directory where that subscriber has advised the producer of the directory that it does not want its data to be included in that directory.
(5) Where the data of an individual subscriber have been included in a directory, that subscriber shall, without charge, be able to verify, correct or withdraw those data at any time.
(6) Where a request has been made under paragraph (5) for data to be withdrawn from or corrected in a directory, that request shall be treated as having no application in relation to an edition of a directory that was produced before the producer of the directory received the request.
(7) For the purposes of paragraph (6), an edition of a directory which is revised after it was first produced shall be treated as a new edition.
(8) In this regulation, “telephone number” has the same meaning as in section 56(5) of the Communications Act 2003(a)[1] but does not include any number which is used as an internet domain name, an internet address or an address or identifier incorporating either an internet domain name or an internet address, including an electronic mail address.
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.
Use of facsimile machines for direct marketing purposes
20.—(1) A person shall neither transmit, nor instigate the transmission of, unsolicited communications for direct marketing purposes by means of a facsimile machine where the called line is that of—
- (a) an individual subscriber, except in the circumstances referred to in paragraph (2);
- (b) a corporate subscriber who has previously notified the caller that such communications should not be sent on that line; or
- ↑ (a) 2003 c. 21; for the commencement of section 56(5), see article 2(1) of S.I. 2003/1900 (C. 77).
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