EC attacks Phorm trials

 

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By Dave Stevenson

Posted on 14 Apr 2009 at 12:40

The European Commission has started legal proceedings against the British Government over controversial advertising service Phorm.

"We have been following the Phorm case for some time and have concluded that there are problems in the way the UK has implemented parts of the EU rules on the confidentiality of communications," says the EU's telecoms commissioner Viviane Reding in a statement.

Reding goes on to say: "the rules are there to protect the privacy of citizens" and that they should be "enforced rigorously". She calls on the UK to change its laws relating to internet privacy and specifically names Phorm as a company whose activities require addressing.

According to the statement, current British law allows for the interception of communications when consent has been given, or when "reasonable grounds for believing" that consent has been given. An infringement proceeding has been opened calling on the UK to "fulfil its obligations under EU law".

How a change in the law would affect Phorm's activities is unclear, but the company has endured a difficult 12 months. Last week it was forced to admit that it was considering paying users to use its service, having previously told PC Pro that it wouldn't.

In March the Open Rights Group sent a letter to Microsoft, Google, Facebook, Amazon and eBay asking them to "opt out of the Phorm system."

The UK now has two months to respond to the letter of formal notice about the proceeding sent today. The case could end up in the European Court of Justice.

We were awaiting comment from Phorm at the time of writing.