07/04 :  FIPR : ICOs statement a 'Green Light for Lawbreaking'

   In a statement today the Foundation for Information Policy Research (FIPR) called on the Information Commissioner's Office to reconsider what it called a 'green light for lawbreaking' by ISPs using the Phorm system.

In a press release issued on Friday the ICO appeared to give BT the green light to continue trials and deployment of the Phorm system.

“We understand that the technology is not yet in use and that BT intends to run a trial involving around 10,000 broadband users later this month. We have spoken to BT about this trial and they have made clear that unless customers positively opt in to the trial their web browsing will not be monitored in order to deliver adverts. BT has also stated that the system does not store personally identifiable information, URLs, IP addresses or retain browsing histories and that search information is deleted almost immediately, and is not retrievable."


Nicholas Bohm, General Counsel for FIPR responded by sharply criticsing the ICOs apparent failure to address the requirement to obtain consent from all parties before intercepting communications.

"BT now say they will no longer monitor their customers' web browsing without their express permission, but they appear to ignore the fact that they can only legalise their activity by getting express permission not just from their customers, but also from the web hosts whose pages they intercept, and from the third parties who communicate with their customers through web-based email, forums or social-networking sites.

"We sincerely hope that the Information Commissioner will reconsider what appears to be a green light for lawbreaking."


Read the full FIPR statement here and the ICOs press prelease here(pdf).

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