Phorm case sends the UK to the European Court of Justice

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Deutsch: Vereinigtes Königreich kommt wegen Phorm vor den Europäischen Gerich...


The European Commission announced that it has referred the UK to the European Court of Justice for an improper implementation of EU data protection rules, following several complaints in the Phorm case.

The Commission received complaints from the UK citizens about Phorm that worked by checking out the web traffic between an ISP client and the sites it visits.

This form of behavioural advertising by ISPs (targeted advertising based on prior analysis of users' internet traffic) was reported by EDRi-member Open Rights Group and others NGOs to the UK Data Protection Authority - Information Commissioner's Office.

British Telecom ran in 2006 and 2007 two secret trials of deep-packet inspection technology on its broadband customers, without informing them.

The European Commission started the legal action against the UK in April 2009 and sent another warning in October 2009 asking the British authorities to properly implement the Data Protection Directive and the ePrivacy Directive.

Now, the Commission has referred UK to the European Court of Justice for failing to "ensure the confidentiality of the communications and related traffic data by prohibiting unlawful interception and surveillance" and to implement in the UK law the definition of consent as the "freely given, specific and informed indication of a person's wishes".

Digital Agenda: Commission refers UK to Court over privacy and personal data protection (30.09.2010)
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/1215&...

EU takes Britain to court over online data protection (30.09.2010)
http://euobserver.com/22/30935

EU taking UK to court for privacy deficiencies highlighted by Phorm (30.09.2010)
http://www.openrightsgroup.org/blog/2010/eu-taking-uk-to-court-for-pri...

EDRi-gram: UK: Phorm threat (28.01.2009)
http://www.edri.org/edri-gram/number7.2/phorm-uk