EC Privacy Complaint Deadline Passes

The UK government has missed its deadline for a response to the EC over Internet privacy concerns arising from the Phorm / BT ad targeting controversy.

The European Commission set a deadline of the end of 29th December for a reply to its claim that the government's handling of the case failed to uphold agreed EU privacy standards. The failure to reply opens up the possibility of court proceedings in the European Court of Justice, and of heavy fines for the UK if judges decide against it; but the Home Office says it is 'continuing to engage with the Commission' on the issue, and precedent suggests the EC may allow more time rather than sticking rigidly to the date agreed.

The controversy first surfaced in March 2008 when BT admitted using business customers' data without permission. After an investigation, the UK government's BERR department concluded that the system did not break EU data protection laws so long as users were given an easy option to opt-out. The EC's legal action was launched in April last year, rapidly bringing a response from UK advertising body the ISBA which called on Brussels to drop it.

The EC says the UK's Regulation of Investigatory Powers Act (RIPA) falls short of the EU standard in several areas: it allows those tracking users' online movements to assume their consent if they have 'reasonable grounds for believing' it is given (contrary to the European ePrivacy Directive to which the UK has agreed and which states that consent must be freely given); and suggests action against companies only if tracking is 'intentional'. The Commission has also expressed concern about the lack of a UK regulator to hear complaints about commercial interception of data.

Separately, Phorm non-executive Director Stefan Allesch-Taylor, who joined a year ago, has stepped down from the Board of Directors with immediate effect. CTO Stratis Scleparis announced his departure in September. The Board now comprises four individuals, founder and CEO Kent Ertugrul, and NEDs Lord Lamont, Kip Meek and Stephen Partridge-Hicks.

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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