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CPS 'Still Undecided' re Phorm / BT Prosecution
In the UK, the Crown Prosecution Service (CPS) has again deferred its decision on whether or not to charge Phorm and BT over the trial of tracking technology in 2006-7.
A decision had originally been expected in November 2010; then in mid-December; and now seems unlikely until early 2011.
In a letter to campaigner Alexander Hanff of Privacy International, who has been pushing the CPS to investigate since late 2008, a lawyer for the service said he had previously 'genuinely thought that the CPS would be in a position to make a decision by the [mid-December]' but that 'That has not proved possible and very careful consideration of this matter continues.'
In 2008 the City of London Police took the decision not to pursue the two alleged offenders under Section 1 of the Regulations of Investigatory Powers Act 2000, stating that it would have been too costly and too complex, and that issues remained over whether those consumers involved had given their implied consent.
The European Commission subsequently said it would sue the UK government for breaking its European ePrivacy Directive in three separate areas.
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