Page:Personal Data Protection Act 2012.pdf/70

Rh EIGHTH SCHEDULE Section 37(5) EXCLUSION FROM MEANING OF “SPECIFIED MESSAGE” 1. For the purposes of Part IX, a specified message shall not include any of the following:
 * (a) any message sent by a public agency under, or to promote, any programme carried out by any public agency which is not for a commercial purpose;
 * (b) any message sent by an individual acting in a personal or domestic capacity;
 * (c) any message which is necessary to respond to an emergency that threatens the life, health or safety of any individual;
 * (d) any message the sole purpose of which is—
 * (i) to facilitate, complete or confirm a transaction that the recipient of the message has previously agreed to enter into with the sender;
 * (ii) to provide warranty information, product recall information or safety or security information with respect to a product or service purchased or used by the recipient of the message; or
 * (iii) to deliver goods or services, including product updates or upgrades, that the recipient of the message is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the sender;
 * (e) any message the sole purpose of which is to provide—
 * (i) notification concerning a change in the terms or features of;
 * (ii) notification of a change in the standing or status of the recipient of the message with respect to; or
 * (iii) at regular periodic intervals, account balance information or other type of account statement with respect to,
 * a subscription, membership, account, loan or comparable ongoing commercial relationship involving the ongoing purchase or use by the recipient of goods or services offered by the sender;
 * (f) any message the sole purpose of which is to conduct market research or market survey; or
 * (g) any message sent to an organisation other than an individual acting in a personal or domestic capacity, for any purpose of the receiving organisation.