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Communications protection and the provider's duty of confidentiality

The use of electronic communications reveals a great deal of data that is associated with the individual user. For example, this can be information about geographical patterns of movement, contact network and similar data that impacts on the individual's private sphere and personal integrity.

Based on this and out of consideration to data protection, there are rules in the Electronic Communications Act and the Ecom Regulations that ensure that such information is treated confidentiality and is not made known to unauthorised parties. The most important provisions in this context are the rules pertaining to communications protection and the provider's obligation to delete data in Section 2-7, second paragraph of the Electronic Communications Act and Chapter 7 of the Ecom Regulations and the provider's duty of confidentiality stipulated in Section 2-9 of the Electronic Communications Act.