ICO update re: Phorm

[bogeyman]

Thanks RH.

Interesting!

[realityhack]

FYI, for those following this story - Email received today, pertinent to these three threads:

19 May 2008

Dear Mr XXXXXXXXXXXXXX,

Thank you for your correspondence regarding the use of Phorm’s targeted online advertising product.

Please accept my apologies for the delay in responding to you.

We understand that this issue has provoked concern. We have now had the opportunity to consider the concerns raised by a number of individuals, and by other interested parties, in this area. We have also had detailed discussions with Phorm about the way in which their product works, and the way in which they consider they are addressing privacy concerns.

As you may be aware the Information Commissioner advises on and enforces the Data Protection Act 1998 (DPA), which deals with the processing of personal data, and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR), which contain provisions relating to the use of cookie type devices and the processing of internet traffic data.

The Information Commissioner does not have responsibility for advising on or enforcing the Regulation of Investigatory Powers Act 2000 (RIPA).

Following our consideration of the concerns raised with us, and our discussions with Phorm and the ISPs involved, we have produced a detailed statement of our views on the issues we consider relate to the legislation we enforce. You can access this detailed view here here.

It is important to clarify that our current view, as set out in this statement, is based on our understanding of the information available to us at this point. We will be looking carefully at what happens in practice, and any further concerns this raises, in the upcoming BT trial.

We are continuing to engage with Phorm and relevant ISP in advance of any roll out of the technology to ISP customers to ensure that any public use of the product is transparent, and based on individuals understanding what they are agreeing to.

We will keep our website www.ico.gov.uk updated with any further statements about this issue.

I hope this information is helpful.


Yours sincerely

XXXXXXXXXXXXXXXX
Casework and Advice Officer


XXXXXXXXXXXXXXXX
Casework and Advice Manager