ePrivacy Directive Close To Enactment: Improvements on Security Breach, Cookies and Enforcement

November 22, 2009 | No Comments

The EC Commission has announced that the ePrivacy Directive (Directive 2002/58) should be implemented by the Member States within 18 months.

The Directive will introduce changes including: a framework for mandatory notification of personal data breaches; reinforced protection against interception of users’ communications through the use of – for example – spyware and cookies stored on a user’s computer or other device; the possibility for any person negatively affected by spam, including ISPs, to bring effective legal proceedings against spammers; and substantially strengthened enforcement powers for national data protection authorities.

Legislation referred to: Directive 2002/58 concerning the processing of personal data and the protection of privacy in the electronic communications sector.

The full press release is available here.

Art. 08 Right to Private and Family Life, Data Protection and Freedom of Information, Intellectual Property Law, Protocol 1, Art. 1 Right to Private Property

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.