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13 April 2007 / Kevin Rogers
Issue: 7268 / Categories: Features , Media , Regulatory
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Spam nation

Anti-spam legislation needs further explanation and funding, says Kevin Rogers

According to an estimate by the European Commission published in November 2006, the cost of dealing with unwanted e-mails, commonly called spam, was around €39bn worldwide in 2005. The EU Directive (2002/58/EC) on the processing of personal data and the protection of privacy in the electronic communications sector is arguably the key piece of anti-spam legislation. It was implemented in the UK as the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) (the regulations) and came into force in December 2003.

The regulations have been criticised for the nature and definition of ‘consent’ under reg 22; the limited remedies under reg 30; and the somewhat limited enforcement of these provisions by the Information Commissioner. Despite the UK’s provisions, spam volumes are continuing to rise and, according to Spamhaus, the UK remains in the top 10 of countries ranked by ‘spam issues’. Until recently, the only successful case under the regulations was Nigel Roberts v Media Logistics UK (2005, unreported). Mr Roberts obtained £270 in damages and £30 costs against the company, which had

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
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