body — a body corporate or a Scottish partnership; “officer”, in relation to a body, means— in relation to a body corporate— a director, manager, secretary or other similar officer of the body or any person purporting to act in such capacity, and where the affairs of the body are managed by its members, a member; or in relation to a Scottish partnership, a partner or any person purporting to act as a partner Schedule 1, paragraph 15(4B)

call — a connection established by means of a telephone service available to the public allowing two-way communication in real time , and a reference to making a call includes a reference to attempting to establish such a connection Section 2(1)

called subscriber — the subscriber receiving a call by means of the service in question whose line is the called line (whether or not it is also the connected line) Section 11(5)

charity — — and, in relation to such a charity, institution or body, “charitable purpose” has the meaning given in the relevant Act. a charity as defined in section 1(1) of the Charities Act 2011, a charity as defined in section 1(1) of the Charities Act (Northern Ireland) 2008 (c. 12 (N.I.)), including an institution treated as such a charity for the purposes of that Act by virtue of the Charities Act 2008 (Transitional Provision) Order (Northern Ireland) 2013 (S.R. (N.I.) 2013 No. 211), and a body entered in the Scottish Charity Register, other than a body which no longer meets the charity test in section 7 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10) Section 22(5)

claim — a claim for compensation, restitution, repayment or any other remedy or relief in respect of loss or damage or in respect of an obligation, whether the claim is made or could be made— by way of legal proceedings, in accordance with a scheme of regulation (whether voluntary or compulsory), or in pursuance of a voluntary undertaking Section 21A(5)

claims management services — the following services in relation to the making of a claim— advice; financial services or assistance; acting on behalf of, or representing, a person; the referral or introduction of one person to another; the making of inquiries Section 21A(4)

communication — any information transmitted to a finite number of parties by means of a public electronic communications service, but does not include information transmitted as part of a programme service, except to the extent that such information can be related to the identifiable subscriber or user receiving the information; “communications provider” has the meaning given by section 405 of the Communications Act 2003 ; “consent” by a user or subscriber corresponds to the data subject’s consent in the UK GDPR (as defined in section 3(10) of the Data Protection Act 2018) Section 2(1)

corporate subscriber — a subscriber who is— a company within the meaning of section 735(1) of the Companies Act 1985 ; a company incorporated in pursuance of a royal charter or letters patent; a partnership in Scotland; a corporation sole; or any other body corporate or entity which is a legal person distinct from its members Section 2(1)

direct marketing — the communication (by whatever means) of advertising or marketing material which is directed to particular individuals Section 2(1)

electronic mail — any text, voice, sound or image message sent over a public electronic communications network which can be stored in the network or in the recipient’s terminal equipment until it is collected by the recipient and includes messages sent using a short message service; “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament Section 2(1)

emergency alert service — a service comprising one or more communications to mobile telecommunications devices over a public electronic communications network to warn, advise or inform users or subscribers in relation to an aspect or effect of an emergency which may affect or have affected them by reason of their location Section 16A(8)

emergency calls — calls to either the national emergency call number 999 or the single European emergency call number 112 Section 16(1)

enforcement functions — the functions of the Information Commissioner under those provisions, as applied by that Schedule Section 31(2)

individual — a living individual and includes an unincorporated body of such individuals; “the Information Commissioner” and “the Commissioner” both mean the Commissioner appointed under the Data Protection Act 2018; “information society service” has the meaning given in regulation 2(1) of the Electronic Commerce (EC Directive) Regulations 2002 Section 2(1)

location data — any data processed in an electronic communications network or by an electronic communications service indicating the geographical position of the terminal equipment of a user of a public electronic communications service, including data relating to— the latitude, longitude or altitude of the terminal equipment; the direction of travel of the user; or the time the location information was recorded Section 2(1)

OFCOM — the Office of Communications as established by section 1 of the Office of Communications Act 2002 Section 2(1)

personal data breach — a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed in connection with the provision of a public electronic communications service; “programme service” has the meaning given in section 201 of the Broadcasting Act 1990 Section 2(1)

public communications provider — a provider of a public electronic communications network or a public electronic communications service; “public electronic communications network” has the meaning given in section 151 of the Communications Act 2003 ; “public electronic communications service” has the meaning given in section 151 of the Communications Act 2003 Section 2(1)

relevant public authority — — a Minister of the Crown; the Scottish Ministers; the Welsh Ministers; a Northern Ireland department; a chief officer of police within the meaning of section 101(1) of the Police Act 1996; the chief constable of the Police Service of Scotland; the chief constable of the Police Service of Northern Ireland; the chief constable of the British Transport Police Force; the Environment Agency; the Scottish Environment Protection Agency; the Natural Resources Body for Wales Section 16A(8)

relevant public communications provider — a person who— provides a public electronic communications network; provides cellular mobile electronic communications services; and holds a wireless telegraphy licence granted under section 8 of the Wireless Telegraphy Act 2006 Section 16A(8)

representative body — an association or other body representing categories of— communications providers, or other persons engaged in activities regulated by these Regulations; “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018 Section 32A(9)

Review period — — the period of five years beginning with the 26th May 2011; and subject to paragraph (5), each successive period of 5 years Section 37(4)

subscriber — a person who is a party to a contract with a provider of public electronic communications services for the supply of such services Section 2(1)

the 1999 Regulations — the Telecommunications (Data Protection and Privacy) Regulations 1999 and “caller” has the same meaning as in regulation 21 of the 1999 Regulations Schedule 2, paragraph 1

the Directive — 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 (Directive on privacy and electronic communications) ; “electronic communications network” has the meaning given by section 32 of the Communications Act 2003 ; “electronic communications service” has the meaning given by section 32 of the Communications Act 2003 Section 2(1)

The implementing provisions — the provisions contained in or made under an Act that were relied on by the United Kingdom immediately before exit day to implement the Directive, so far as those provisions remain in force Section 37(1A)

the PEC Regulations — these Regulations Schedule 1, paragraph 30

the Periods of Time Regulation — Regulation (EEC, Euratom) No. 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits Section 2(6)

traffic data — any data processed for the purpose of the conveyance of a communication on an electronic communications network or for the billing in respect of that communication and includes data relating to the routing, duration or time of a communication Section 2(1)

user — any individual using a public electronic communications service Section 2(1)

value added service — any service which requires the processing of traffic data or location data beyond that which is necessary for the transmission of a communication or the billing in respect of that communication Section 2(1)