PECR: Traffic Data (Regulation 7)
Restrictions on Processing of Traffic Data [Reg 7]
Rule: Traffic data relating to users/subscribers must be erased or anonymised when no longer needed for transmission.
What is traffic data?
Data processed to convey a communication or for billing purposes, including:
- Phone numbers
- IP addresses
- Location data
- Routing information
- Duration of communications
Requirements
| Requirement | Details | Citation |
|---|---|---|
| Erase or anonymise | When no longer needed for transmission | Reg 7(1) |
| Billing exception | May retain for billing until end of limitation period | Reg 7(2) |
| Value-added services | May process if user/subscriber consents | Reg 7(3) |
| Inform before consent | Tell them what data, purposes, duration | Reg 7(4) |
| Right to withdraw | Users can withdraw consent at any time | Reg 7(5) |
Source Text
7.—(1) Subject to paragraphs (2), (3) and (5), traffic data relating to a subscriber or user which are processed and stored by a public communications provider shall be erased or anonymised when they are no longer required for the purpose of the transmission of a communication.
(2) Traffic data which are necessary for the purposes of subscriber billing and interconnection payments may be retained and processed by a public communications provider until the end of the period during which legal proceedings may be brought in respect of payments due or the right to receive payment under such proceedings has been determined, whichever is the longer.
(3) Traffic data may be processed and stored by a provider of a public electronic communications service if such processing and storage is for the purpose of marketing electronic communications services…where the user or subscriber has given his consent to such processing or storage.
(4) Where a user or subscriber has given his consent in accordance with paragraph (3), he must be given the opportunity to withdraw that consent at any time.