According to Silicon, MEP Diana Wallis has asked the Commission
whether provisions on e-mail interception could constitute
“unacceptable measures on the basis that they are a breach of the
right to privacy and free speech.”
If the Commission thinks that the UK has failed to comply with
EU law, it can issue a formal notice to the government informing
them of the Commission's view that the UK may be in breach of
certain Community law. The UK government will be asked for a formal
response. The Commission will then produce a reasoned opinion on
whether or not there has been a violation of Community law by the
UK considering the government's submissions.
Most cases are resolved at this stage, however the Commissison
may refer the case to the Court of Justice for a ruling.
