ECJ Electronic communications networks and services – Directives 97/66/EC, 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC – Scope ratione materiae – Provision of a basic package of radio and television programmes via cable – Sale by a municipality of its cable network to a private undertaking – Contractual clause concerning the tariff – Powers of the national … Continue reading UPC Nederland Bv v Gemeente Hilversum: ECJ 7 Nov 2013
ECJ Failure of a Member State to fulfil its obligations – Processing of personal data and the protection of privacy in the electronic communications sector – Articles 6 and 9 of Directive 97/66/EC – Requirement for specific statement of grounds of complaint in the reasoned opinion Citations: C-350/02, [2004] EUECJ C-350/02 Links: Bailii Statutes: Directive … Continue reading Commission v Netherlands: ECJ 24 Jun 2004
The applicants said that section 1 of the 2014 Act was unlawful in that it went against decisions of the European Court. Held: Section 1 was indeed inconsistent with European Union Law. Section 1, of the Act should be disapplied: (1) insofar as access to and use of communications data retained pursuant to a retention … Continue reading Davis and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 17 Jul 2015
Course of Transmission includes Voicemails The defendants appealed against convictions for conspiracy to intercept telephone voicemail messages whilst employed in various positions in newspapers. The issue boiled down to when the ‘course of transmission’ of a voicemail message ended, that is whether a voicemail message which was saved by the recipient on the voicemail facility … Continue reading Edmondson and Others v Regina: CACD 28 Jun 2013