Section 112 amends regulation 6 of the PEC Regulations. Subsection (4) introduces Schedule 12 to this Act, which inserts new Schedule A1 to the PEC Regulations.
	Subsection (2) of section 112 replaces regulation 6 of the PEC Regulations which sets out rules on the circumstances in which a person can store information, or gain access to information stored, in the "terminal equipment" of a subscriber or user. Terminal equipment may include, for example, computers, mobile phones, wearable technology, smart TVs and connected devices, including the Internet of Things.
	New regulation 6(1) provides that subject to the exceptions in Schedule A1, organisations are prohibited from storing information or gaining access to information stored in the terminal equipment of an individual.
	New regulation 6(2)(a) clarifies for the purposes of this regulation and new Schedule A1 that a reference to an organisation storing information, or gaining access to information stored, in the device of a subscriber or user, includes a reference to the person instigating the storage or access.
	New regulation 6(2)(b) clarifies that a reference to gaining access to information stored in the terminal equipment of a subscriber or user includes a reference to collecting or monitoring information automatically emitted by the terminal equipment ("emissions data"). An example of emissions data includes Wi-Fi probe requests.
	Subsection (3) of section 112 inserts new regulation 6A into the PEC Regulations.
	New regulation 6A(1)(a) introduces a power for the Secretary of State to add new exceptions to the prohibition in regulation 6(1). The power would also allow the Secretary of State to omit or vary any existing exceptions to the prohibition.
	Paragraph (1)(b) of new regulation 6A provides that the Secretary of State can also make consequential, supplementary, incidental, transitional, transitory or saving provisions which are necessary to give effect to exceptions made by regulations made under these provisions.
	Paragraph (3) of new regulation 6A provides that, before making regulations under paragraph 6A(1), the Secretary of State must consult the Commissioner and "such other persons as the Secretary of State considers appropriate".
	Paragraph (4) of new regulation 6A provides that the regulations made under this power are subject to the affirmative resolution procedure.
	Subsection (5) of section 112 makes it clear how consultation requirements under regulation 6A may be satisfied.
Part 5: Data Protection and Privacy Chapter 2: Privacy and electronic communications Section 112: Storing information in the terminal equipment of a subscriber or user