Telecommunications Act 1997
291Business needs of other carriers or service providers
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291 Business needs of other carriers or service providers
(1) Section 276 does not prohibit a disclosure or use by a person of information or a document if: (a) the disclosure or use is made by or on behalf of: (i) a carrier (the first carrier); or (ii) a carriage service provider (the first provider); and (b) the disclosure or use is made for a purpose of, or is connected with, any other carrier or service provider carrying on its business as such a carrier or provider; and (c) the information or document relates to a person (the third person) who is a customer or former customer of: (i) the first carrier or the first provider; or (ii) the other carrier or the other provider; and (d) the disclosure or use is made for a purpose of, or is connected with: (i) the supply, or proposed supply, by the other carrier or other provider to the third person of a carriage service or a content service; or (ii) the supply, or proposed supply, by the other carrier or other provider to the third person of goods or services for use in connection with the supply of a carriage service or a content service; or (iii) the installation, maintenance, operation or provision of access to a telecommunications network or a facility, where the network or facility is used, or for use, by the other carrier or the other provider to supply a carriage service or a content service to the third person; and (e) if the information or document relates to the location of: (i) a mobile telephone handset; or (ii) any other mobile communications device; the third person has consented to the disclosure, or use, as the case requires, in the circumstances concerned. (2) Section 276 does not prohibit a disclosure or use by a person of information or a document if: (a) the disclosure or use is made by or on behalf of a carriage service provider; and (b) the disclosure or use is made for a purpose of, or is connected with, an arrangement, or proposed arrangement, made by a carriage service intermediary for the supply of a carriage service by the provider to a third person; and (c) the information or document relates to the third person; and (d) the disclosure or use is made for a purpose of, or is connected with: (i) the supply, or proposed supply, by the provider to the third person of that service; or (ii) the supply, or proposed supply, by the provider to the third person of goods or services for use in connection with the supply of the first‑mentioned service; or (iii) the installation, maintenance, operation or provision of access to a telecommunications network or a facility, where the network or facility is used, or for use, by the provider to supply the first‑mentioned service to the third person; and (e) if the information or document relates to the location of: (i) a mobile telephone handset; or (ii) any other mobile communications device; the third person has consented to the disclosure, or use, as the case requires, in the circumstances concerned. (3) Section 276 does not prohibit a disclosure or use by a person of information or a document if: (a) the disclosure or use is made by or on behalf of a carriage service intermediary; and (b) the disclosure or use is made for a purpose of, or is connected with, an arrangement, or proposed arrangement, made by the intermediary for the supply of a carriage service by a carriage service provider to a third person; and (c) the information or document relates to the third person; and (d) the disclosure or use is made for a purpose of, or is connected with: (i) the supply, or proposed supply, by the provider to the third person of that service; or (ii) the supply, or proposed supply, by the provider to the third person of goods or services for use in connection with the supply of the first‑mentioned service; or (iii) the installation, maintenance, operation or provision of access to a telecommunications network or a facility, where the network or facility is used, or for use, by the provider to supply the first‑mentioned service to the third person; and (e) if the information or document relates to the location of: (i) a mobile telephone handset; or (ii) any other mobile communications device; the third person has consented to the disclosure, or use, as the case requires, in the circumstances concerned.