BadPhorm - When good ISPs go bad!

Group Compliance
Virgin Media
160 Great Portland Street
London
W1W 5QA


Dear Sirs

Subscriber Privacy: Virgin Media & Phorm

I read with some disgust and alarm of the proposed tie up between Virgin Media & Phorm. This apparently, somehow, involves the disclosure by Virgin Media, to a third party (Phorm) of my web browsing habits, supposedly for marketing purposes.

I am not clear how exactly this works, and frankly am not interested in the technology. I am concerned about my privacy, which I expect you to reasonably protect.

I can find nothing in Virgin Media’s stated privacy policies, terms and conditions or service, or indeed anywhere else that permits Virgin Media to disclose my browsing habits or indeed any personal information to third parties, other than as specifically required by law. Indeed, until recently, there were clauses in the Acceptable Use Policy which indicated that as my ISP you did not even monitor how I used my services. That seems to have been insidiously dropped. Perhaps you can explain how, in view of your policies Virgin Media can now disclose my information without my specific consent?

My interpretation of guidance from the Information Commissioners Office, and elsewhere is that this advertising system would be an electronic transmission and thus requires me to specifically opt in. I hereby confirm I do not opt in. Indeed it should not be necessary for me to even have to spell this out to Virgin Media.

I also note it might be the intention of Virgin Media and / or Phorm to operate an “opt out” system which relies on cookies placed on a users computer. Such a practice is flawed. I am not obliged to retain on my computer any means of storage of information of my preferences, which may be used by others. Please see the Information Commissioner’s Office: Guidance on the Privacy and Electronic Communications (EC Directive) Regulations 2003, Part 2, section 2.2. Thus reliance on a cookie to prevent transmission of my browsing habits to Phorm via Virgin Media, or simply to prevent me seeing their served up electronic ads breaches these rules. I confirm I do not give consent for such a cookie to be placed on my computer. Thus Virgin Media, if they persist with this ill-advised scheme, must find another method of securing my privacy.

For the avoidance of doubt, I do not consent to my browsing habits, or indeed any other personal data being disclosed to third parties, or even other Virgin Group companies. This applies to any marketing or other purposes that are not directly associated with the supply of the services I have contracted to receive.

At best this smacks of sharp practice in order to prop up Virgin Media’s poor balance sheet. At worst, this whole thing is probably illegal.

Yours faithfully

MGP wrote ...
Virgin Media supposedly, at least according to their website, have a specific department to deal with protection of privacy issues. At least that's the case according to their Privacy Policy Attached is a letter I sent to them a few days ago. I'm going to be amazed if I get a reply: