Out-Law / Your Daily Need-To-Know

Silicon.com today reports that the European Commission is investigating the legality of the UK Regulation of Investigatory Powers Act and its subordinate legislation passed this year following concerns that it fails to comply with EU law on four separate counts.

According to Silicon, MEP Diana Wallis has asked the Commission whether provisions on e-mail interception could constitute “unacceptable measures on the basis that they are a breach of the right to privacy and free speech.”

If the Commission thinks that the UK has failed to comply with EU law, it can issue a formal notice to the government informing them of the Commission's view that the UK may be in breach of certain Community law. The UK government will be asked for a formal response. The Commission will then produce a reasoned opinion on whether or not there has been a violation of Community law by the UK considering the government's submissions.

Most cases are resolved at this stage, however the Commissison may refer the case to the Court of Justice for a ruling.

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