CPS Resurrects BT / Phorm Case

In the UK, the Crown Prosecution Service (CPS) is investigating if it has a case to take BT to court over its trials of Phorm software, which it used in 2007 to serve personalised ads to tens of thousands of customers without their consent.

After an investigation the following year, the UK Government concluded that Phorm's system did not break EU data protection laws so long as users were given an easy option to opt out.

However, the European Commission then stepped in with legal action against the UK Government, saying it had failed to force Phorm to comply with EU data protection and privacy rules.

Back in 2008, the City of London Police investigated the BT trials, but found that the firm had not committed a criminal offence because there was no case for criminal intent by the two firms.

However, the CPS has now called in the City force to determine whether BT is guilty under the Regulation of Investigatory Powers Act, which restricts 'wiretapping and interception of communications'.

Since the row broke, Phorm has launched its Open Internet Exchange (OIX) platform and its Web Discover tool in Brazil, where it claims to have already generated R$10m (US $5.6m) of pre-booked ad revenue.

Web site: www.phorm.com .

All articles 2006-23 written and edited by Mel Crowther and/or Nick Thomas, 2024- by Nick Thomas, unless otherwise stated.

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