Paragraph 6

(1)

The PEC Regulations^f1 are amended as follows.

(2)

In regulation 2(1)—

(a)

after the definition of “individual” insert—

““the Information Commission” and “the Commission” both mean the Information Commission established by the Data Protection Act 2018;”;

(b)

omit the definition of ““the Information Commissioner” and “the Commissioner””.

(3)

In each of the provisions listed in sub-paragraph (4)—

(a)

for “Commissioner”, in each place it occurs including in the term “Information Commissioner”, substitute “Commission”;

(b)

for “Commissioner’s”, in each place it occurs including in the term “Information Commissioner’s”, substitute “Commission’s”.

(4)

The provisions are—

(a)

regulation 5A(2), (6), (7) and (8);

(b)

regulation 5C(1), (3), (4)(e), (5), (6), (7)(e), (9) and (15)(a);

(c)

regulation 6A(3)(a);

(d)

regulation 25(1), (2), (3), (4) and (5);

(e)

regulation 26(1), (1A), (2), (2A), (3), (4) and (5);

(f)

regulation 29A(2);

(g)

in regulation 31—

(i)

the heading;

(ii)

paragraph (2);

(h)

regulation 32A(1), (2), (4), (5) and (6);

(i)

regulation 32B(1), (2), (3), (5) and (6);

(j)

in Schedule 1—

(i)

the heading;

(ii)

paragraph 1;

(iii)

paragraph 3(a) and (c) (in the quoted text modifying section 142 of the Data Protection Act 2018);

(iv)

paragraph 15(b) and (f) (in the quoted text modifying section 155 of the Data Protection Act 2018).

(5)

In regulation 32—

(a)

in the heading—

(i)

for “Commissioner” substitute “Commission”;

(ii)

omit “his”;

(b)

for “Commissioner”, in both places it occurs, substitute “Commission”;

(c)

for “his” substitute “its”;

(d)

for “he” substitute “it”.

(6)

In regulation 33—

(a)

in the heading, for “Commissioner” substitute “Commission”;

(b)

in the words before paragraph (a)—

(i)

for “Commissioner” substitute “Commission”;

(ii)

for “his” substitute “the Commission’s”;

(c)

for “Commissioner” substitute “Commission”;

(d)

in paragraphs (a) and (b), for “Commissioner’s” substitute “Commission’s”.

Annotations

Footnotes

f1: In accordance with section 109 of the Data (Use and Access) Act 2025, “the PEC Regulations” means the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426). Relevant amendments have been made by: section 211 of, and paragraph 292 of Schedule 19 to the Data Protection Act 2018; sections 111, 112, 115 and 116 of, and Schedule 13 to the Data (Use and Access) Act 2025; and S.I. 2004/1039, 2011/1208 and 2016/1177. There are other amending instruments but none is relevant.