header-logo header-logo

13 April 2007 / Kevin Rogers
Issue: 7268 / Categories: Features , Media , Regulatory
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
back-to-top-scroll