UK Reforms Address Behavioural Targeting Concerns

In the UK, the coalition government has proposed amendments to the Regulation of Investigatory Powers Act 2000 (RIPA), taking a tougher line with ISPs looking to monitor their customers' online movements, as in the much discussed BT / Phorm trials.

In March 2008, 'phone giant BT admitted using business customers' data without permission, in a trial run for Phorm's 'Webwise' software. Phorm's technology was OK'd later that year by the relevant government department, BERR, but the following year the EU waded in to the debate, which has rumbled on ever since.

Specifically, the new amendments consider the definition of the 'consent' given by consumers. At present RIPA makes provision for lawful 'interception' where both the sender and intended recipient of the communication give their consent to it, or where the person 'intercepting' has 'reasonable grounds for believing' that consent has been given - however the last phrase remains open to very different interpretations.

The amendments would bring UK law into line with the definition of 'consent' given by Article 5(1) of the E-Privacy Directive and Article 2(h) of the Data Protection Directive, which state that such consent must be 'freely given, specific and informed'. They would also give the Information Commissioner's Office (ICO) the power to impose new penalties for those deemed to have committed an 'unlawful interception' - either a criminal or civil sanction, in each case with maximum fine of up to £10,000.

Privacy groups may not be convinced by the extent of the reform or the coalition's handling of it. Jim Killock, Executive Director of the Open Rights Group (ORG), has told online sources that the short period (four weeks) allowed for consultation and the lack of publicity given to it are 'a disgrace'.

Also this week, the UK Home Office has confirmed that new proposals designed to 'End the storage of internet and email records without good reason' will be published next month.

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