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The implications and possible legal consequences of the UK Government’s failure to correctly implement the Directive on Privacy and Electronic Communications into S1(1) of the Regulation of Investigatory Powers Act 2000 with regard to the phone hackiing offences
Author: Claire Bradley BA, MSc, ILEX, MA (European Law)
Abstract: This paper examines the implications of an EU Member State failing to correctly transpose an EU Directive into national law and the principles that might subsequently affect the application of national law in the light of the conflicting directive.
In particular, it looks at the example of how the failure of the UK Government to transpose Directive 2002/58/EC (The Directive on Privacy and Electronic Communications) into UK law might impact upon claims made regarding the unlawful interception of communications under s1(1) and s1(2) of The Regulation of Investigatory Powers Act 2000 (RIPA). It looks at the regulatory framework established by RIPA and compares this to the provisions contained in Directive 2002/58/EC, and the Data Protection Directive, and explores how the principles of harmonious interpretation of national law in the light of the wording and purpose of a directive, is likely to change the effect of that regulatory framework in both criminal and civil cases.
Disclaimer: “The information and theoretical arguments expressed in this academic paper should not be construed as formal legal advice. The author accepts no liability for any reliance made on the statements therein, and any person looking for advice or seeking to issue formal proceedings in connection with the unlawful interception of communications should seek specific legal advice from the law firm representing them as to the legal principles that are likely to apply to their individual case, under both national law and European law.”
