- There is no independent national authority to supervise interception of communications, although the establishment of such authority is required under the ePrivacy and Data Protection Directives, in particular to hear complaints regarding interception of communications.
- The current UK law - the Regulation of Investigatory Powers Act 2000 (RIPA) - authorises interception of communications not only where the persons concerned have consented to interception but also when the person intercepting the communications has 'reasonable grounds for believing' that consent to do so has been given. These UK law provisions do not comply with EU rules defining consent as freely given specific and informed indication of a person's wishes.
- The RIPA provisions prohibiting and providing sanctions in case of unlawful interception are limited to 'intentional' interception only, whereas the EU law requires Members States to prohibit and to ensure sanctions against any unlawful interception regardless of whether committed intentionally or not.
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