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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

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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