EU threatens UK with court action over Phorm trials

 

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Posted on 30 Oct 2009 at 09:54

The EU is a step closer to taking the UK to court, over its failure to protect citizen’s privacy in the wake of BT’s secret Phorm trials.

The European Commission has moved to the second stage of privacy infringement proceedings against the UK government, which has been charged with failing to protect the confidentiality of its citizens’ electronic communications, such as emails and internet surfing.

The charges relate to the secret trials of Phorm’s behavioural advertising technology on thousands of BT customers between 2006 and 2007. BT has since suspended plans to implement the technology, which monitors user’s browsing habits in order to serve them with “relevant” advertising.

The UK Information Commissioner’s Office declined to take action over the trials, but the issue was subsequently taken up by the EU.

“People’s privacy and the integrity of their personal data in the digital world is not only an important matter, it is a fundamental right, protected by European law,” says EU telecoms commissioner Viviane Reding.

“I therefore call on the UK authorities to change their national laws to ensure that British citizens fully benefit from the safeguards set out in EU law concerning confidentiality of electronic communications.”

Reding claims the UK’s lack of an independent national authority to supervise interception of communications and hear complaints breaks the ePrivacy and Data Protection Directives.

She also criticises the Regulation of Investigatory Powers Act (RIPA), which allows those intercepting communications to assume consent if they have “reasonable grounds for believing” it is given. As Reding, notes, under EU privacy laws consent must be “freely given specific and informed indication of a person’s wishes”.

The EU has sent a letter of complaint to the Government, which now has two months to respond. If that response fails to satisfy Reding, the case can be referred to the European Court of Justice, which has the power to force the Government to change laws and impose fines for non-compliance.

The Home Office considering the Commission’s letter and will respond in due course.

“We are firmly committed to protecting users’ privacy and data,” it said in a statement.

Author: Stuart Turton / Simon Aughton