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Hank
Mon Oct 19 2009, 07:01PM
Registered Member #524
Joined: Sat Aug 16 2008, 12:21AM
Posts: 5
What do we know already about the meetings surrounding the handling of the EU challenges/letters to the UK Gov?

I'm looking for help following up some digging I've been doing... Has anyone summarised events more recently and what has been found out about government/regulatory activity?  i.e. like the excellent summary of FOI here http://www.madslug.co.uk/phormgov.html

Hank

I am not working for an advertising company. There are no hidden agendas with me. I am a BT customer of many years, who had problems caused by the Phorm provided BT Webwise system when it was tested without customers being asked. In years gone by I also helped people afflicted by 121Media "software" (I use that word loosely). I have joined others in driving awareness of the activity of Phorm and similar companies who wish to profit from snooping on people without their explicit and informed "optIN". I saw where "Behavioural Advertsing" and the "Personalised Internet" was going in 2006 I just never imagined there were people already doing it.
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felixcatuk
Mon Oct 19 2009, 08:22PM
felixcatuk


Registered Member #95
Joined: Wed Mar 05 2008, 12:03AM
Posts: 2540
Not a great deal.

April 2008

On 2nd April 2008 BT attempted to arrange a conversation with Government Ministers (Shriti Vadera perhaps?).

BT met with Don Foster on 23 April 2008. They also make reference to an earlier discussion with Shriti Vadera.

July 2008

In July 2008, the EC sent the Government a Pre-Warning Letter.

There are some items of correspondence in mid July between the Cabinet Office and the EC that were disclosed in response to FoI.

August 2008

BERR were responsible for the first response to the EC, which was compiled in August/early September 2008 by BERR and the Home Office. That document was reviewed, edited, and approved by Shriti Vadera.

There was a meeting at 1 Victoria Street on 5 August 2008 at which a plan was made for the response to the EC. According to the plan, the response to the EC was submitted to Shriti Vadera for approval on 1 September.

September 2008

BERR replied to the EC on 15 September 2008 .

October 2008

By 10 October 2008, the EC had rejected the response provided by the UK Government.

On 15 October a request was made for BERR to disclose this response, which they comprehensively refused.

In mid October 2008, Shriti Vadera was moved to a new role.

On 20 October 2008 we know David Hendon met with BT to 'discuss the line we took'.

January 2009

On 26 January 2009 Home Office and BERR (and possibly others) met to consider the EC action against the UK Government.

February 2009

In February 2009, the EC threatened legal action. The content of that letter was not  disclosed by David Hendon at BERR.

April 2009

The EC revealed plans to sue the UK Government on 14 April 2009.

I believe the deadline given for the Government to respond was 12 June 2009. (The Government had two months to respond to the EC).

The Home Office and BERR, along with other Government departments, met again on 21 April 2009 and 28 April 2009.

The Cabinet Office, BERR, and the Home Office met on the 28 April 2009 to decide who would take the lead responding to the EC Infraction proceedings. The Home Office took responsibility for RIPA related matters, questions related to Phorm would be handled by other departments. Cabinet Office have refused to disclose the details of that meeting on cost grounds.

The ICO claim they were not consulted about that submission (even though it related to matters of data protection and communication privacy that they were responsible for enforcing).

May 2009

On 8 May 2009, the Home Office took the lead responding to the EC Infraction proceedings.


I think that's a reasonably complete summary.

[ Edited Tue Oct 20 2009, 10:36PM ]

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felixcatuk
Mon Oct 19 2009, 11:16PM
felixcatuk


Registered Member #95
Joined: Wed Mar 05 2008, 12:03AM
Posts: 2540
For current details of the EC case, see

Electronic Communications - 2002 Regulatory Framework
Infringement procedures opened for incorrect implementation


See the last item on the list; 'Incorrect application of EU rules on confidentiality of
communications'.

The next step is a 'reasoned opinion' which is currently blank, and judging by previous entries may take 6-18 months from the letter of formal notice. So due anytime from now onward I suppose?




Keywords (so I can find this post again)

EUROPEAN COMMISSION EC 64/08/INSO IP/09/570 REDING CURRENT STATUS INFRINGEMENT INFRACTION LEGAL LAW BT PHORM BERR HOME OFFICE CABINET OFFICE UK UNITED KINGDOM GOVERNMENT DIRECTIVE 95/46/EC 2002/58/EC RESPONSE


[ Edited Mon Oct 19 2009, 11:26PM ]

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Hank
Tue Oct 20 2009, 04:57PM
Registered Member #524
Joined: Sat Aug 16 2008, 12:21AM
Posts: 5
Thanks for all the info :)

We keep digging then I guess...  Then post what we find.

I am not working for an advertising company. There are no hidden agendas with me. I am a BT customer of many years, who had problems caused by the Phorm provided BT Webwise system when it was tested without customers being asked. In years gone by I also helped people afflicted by 121Media "software" (I use that word loosely). I have joined others in driving awareness of the activity of Phorm and similar companies who wish to profit from snooping on people without their explicit and informed "optIN". I saw where "Behavioural Advertsing" and the "Personalised Internet" was going in 2006 I just never imagined there were people already doing it.
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revrob
Tue Oct 20 2009, 05:01PM
Registered Member #372
Joined: Wed Apr 23 2008, 03:09PM
Posts: 523
There is a useful timeline on inphormationdesk

http://inphormationdesk.org/Phorm_Timeline.pdf

revrob
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felixcatuk
Tue Oct 20 2009, 09:35PM
felixcatuk


Registered Member #95
Joined: Wed Mar 05 2008, 12:03AM
Posts: 2540
Added details of the Victoria Street meeting on 5 August to my timeline above.

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felixcatuk
Tue Oct 20 2009, 10:37PM
felixcatuk


Registered Member #95
Joined: Wed Mar 05 2008, 12:03AM
Posts: 2540
Added details of Government meetings on

05 August, 2008
26 January 2009
21 April 2009
28 April 2009.

to the timeline

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felixcatuk
Tue Oct 20 2009, 10:52PM
felixcatuk


Registered Member #95
Joined: Wed Mar 05 2008, 12:03AM
Posts: 2540
There's a big hole in this timeline, from June 2009 to the present day.

I haven't been able to find a contemporaneous report about the June 2009 submission, or the consequent legal action.

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felixcatuk
Tue Jan 05 2010, 12:46PM
felixcatuk


Registered Member #95
Joined: Wed Mar 05 2008, 12:03AM
Posts: 2540
The most recent draft of the document [that I can find in the maze of EC documentation] Electronic Communications - 2002 Regulatory FrameworkInfringement procedures opened for incorrect implementation now includes the two press release reference numbers which might be useful in FoI requests/research.IP/09/1626
IP/09/570The interesting report would be the one for December 2009 or January 2010. Did the UK Government meet the end of year deadline for a response or not?


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