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06 October 2010
Issue: 7436 / Categories: Legal News
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UK in the EU dock

The European Commission has referred the UK to the European Court of Justice for failing to protect consumers from the online interception of personal data.

Last week’s referral follows a series of complaints about UK privacy laws. Last year, the commission warned that the Regulation of Investigatory Powers Act (RIPA) and the Data Protection Act do not fully implement the ePrivacy Directive and the Data Protection Directive Privacy.

Tom Morrison, partner, Rollits LLP, says the legislation does not just apply to covert surveillance of the “James Bond type”; but is relevant to “potentially benign activities” such as the monitoring of telephone conversations on telephone helplines.

“The commission feels that the UK’s regulatory regime in this area is deficient in a number of respects, including in relation to the lack of powers of an independent regulator such as the Information Commissioner’s Office (ICO), deficiencies in the legislation surrounding the circumstances in which consent to interception can be implied and an incorrect requirement for interception to have to be intentional before sanctions can be applied.”

Morrison adds that the latest communication from the commission will strengthen the ICO’s case for gaining greater powers in a field of regulation which would sit quite comfortably alongside its existing data protection remit.
 

Issue: 7436 / Categories: Legal News
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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