Online advert system Phorm is in
contravention of the Regulation of Investigatory Powers Act 2000 (RIPA) and
illegal in the UK, according to the
Foundation for Information Policy
Research (FIPR).
In an
open
letter to the Information Commissioner Richard Thomas, FIPR argued that to
ensure compliance with RIPA Phorm must not only secure the consent of web users
but also of website operators.
Advertisement
The monitoring system, which analyses users surfing habits, is proving
increasingly popular with ISPs looking to more accurately target their
subscribers with advertising. Talk Talk, Virgin and BT are all currently working
with Phorm on a pilot basis.
Phorm builds a user profile by sifting websites visited by individuals,
matching key words with the content of the web page. Tailored advertising is
then served up to users when they visit sites employing Phorm's technology.
"The need for both parties to consent to interception in order for it to be
lawful is an extremely basic principle within the legislation, and it cannot be
lightly ignored or treated as a technicality," said Nicholas Bohm, general
counsel at FIPR.
Richard Clayton, treasurer at FIPR, added: "The Phorm system is highly
intrusive; it's like the Post Office opening all my letters to see what I'm
interested in, merely so that I can be sent a better class of junk mail.
"Not surprisingly, when you look closely, this activity turns out to be
illegal.
"We hope that the Information Commissioner will take careful note of our
analysis when he expresses his opinion upon the scheme."
FIPR's move is the latest in a spate of recent initiatives highlighting the
concerns of privacy advocates.
The Open Rights
Group (ORG) recently raised concerns over potential privacy violations
caused by the ad system Phorm.
"Until we know exactly how Phorm works, and across whose networks our data
will flow, speculation about the privacy implications will continue", said ORG
in a statement.
Phorm has denied that the technology breaches any UK privacy laws.
"Our technology complies with the Data Protection Act, RIPA and other
applicable UK laws. Consumers are in control - they can switch the service off
or on", the company claimed in a statement last week.
Do you agree?
Have your say on this article