... electronic communications over the internet open new possibilities for users, but also new risk for their personal data and privacy therefore, it seeks to ensure the confidentiality of electronic communications and related traffic data via public networks, including email, Short Messaging Service ("SMS") and requires Member States to prohibit interception or surveillance of communications. The main objective of the Electronic Privacy Directive is that consumers should be able to obtain the same level of protection regardless of the technology by which a particular service is delivered. In addition, the new Directive harmonizes the provisions of the Member States relating to privacy with respect to the electronic processing of personal data1, and the free movement of such data and related communications equipment within the Community. This article will critically assess the protection of privacy in the electronic communications sector according to European Directive 2002/85/EC2 and the resultant privacy and Electronic Communication ...

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