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23 January 2009
Categories: Legal News , Media , Public , Human rights , Data protection
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Government obliged to retain e-mails

New Directive a "proportionate interference" with the right to privacy

Internet service providers (ISPs) will have to retain the details of all e-mails sent in the UK under new rules which come into force in March.
European Directive 2006/24/EC will require ISPs to record the timing and number of electronic communications. Although the content of the e-mails does not have to be retained, the new regime could result in the government having to pay up to £25m to ISPs for the storage of data.
Human rights organisation Liberty has condemned the adoption of the Directive as the first step in the creation of central government database and an attack on civil liberties.
Penelope Thornton, an associate in intellectual property, media and technology at Lovells, says that while some may view the rules as an encroachment on fundamental rights of privacy, the Directive is intentionally limited in its scope.
“The stated purpose of the Directive is to assist in the prevention, investigation, detection and prosecution of criminal offences, particularly organised crime, and therefore the information

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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