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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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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