Page:Personal Data Protection Act 2012.pdf/35

36 : under which they may use, that accommodation or accommodation within a pool of accommodation to which that accommodation belongs;
 * “time share contract” means a contract which confers or purports to confer on an individual time share rights that are exercisable during a period of not less than 3 years;
 * “voice call” includes—
 * (a) a call that involves a recorded or synthetic voice; or
 * (b) in the case of a recipient with a disability (for example, a hearing impairment), a call that is equivalent to a voice call,
 * whether or not the recipient responds by way of pressing buttons on a telephone handset or similar telecommunications device.

(2) For the purposes of this Part, a telecommunications service provider who merely provides a service that enables a specified message to be sent shall, unless the contrary is proved, be presumed not to have sent the message and not to have authorised the message to be sent.

(3) For the purposes of this Part, if a specified message is sent and at the relevant time the telecommunications device, service or network from which it was sent was controlled by a person without the knowledge of the owners or authorised users of the telecommunications device, service or network, the owners or authorised users shall, unless the contrary is proved, be presumed not to have sent the message and not to have authorised the sending of the message.

(4) In subsection (3), “control” means either physical control or control through the use of software or other means.

Meaning of “specified message”

37.—(1) Subject to subsection (5), for the purposes of this Part, a specified message is a message, where, having regard to—
 * (a) the content of the message;