This article will critically assess the protection of privacy in the electronic communications sector according to European Directive 2002/85/EC and the resultant privacy and Electronic Communication (EC Directive) Regulations 2003.
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Introduction: As a direct result of the explosion in the provision and availability of telecommunications services in the 1980s and early 1990s, concerns arose over the privacy of individuals regarding the use and operation of telephones and related devices. Such concerns have been multiplied with the advent of digital technology, the availability of calling line identification, the explosion of internet trading, mobile phones and new services and technologies such as text messages, location data and cookies. Although data protection legislation applies to the electronic communication sector in the same way as it does to other industries, the European Union considered that extra safeguard were required. The most recent EU legislation in this rapidly changing area of commercial life is the directive concerning the processing of personal data and the protection of the privacy in the electronic communication sector (2002/58/EC) ( the Directive on Privacy and Electronic Communication).The UK implemented the Directive...

