UK government could be taken to court over BT Phorm trials

There were developments concerning the Government's role in the Phorm trials this week as the European Commission publicly accused it of failing to protect citizen’s privacy back in 2006.

Back in April 2009 Broadband Genie reported the UK government could be sued for its lack of action against the trials. The Commission has now confirmed it’s in its second phase of legal action and, if the UK fails to answer back to the criticism satisfactorily it could face a battle in the European court. Here, there is a chance a change in UK law could be enforced.

Speaking on the decision, Viviane Reding, EU telecoms commissioner commented: “People’s privacy and the integrity of their personal data in the digital work is not only an important matter, it is a fundamental right protected by European law.”

The UK Government always maintained it was happy with the way the Phorm trial was implemented however, critics of the ad-serving system say it wasn’t fair on a number of BT broadband customers who were enrolled into the trials without being given the chance to opt out.

The Commission has now sent a letter detailing its opinion to the UK and the Government has two months to reply with a satisfactory answer.

Responding to the latest development in the Phorm case a Home Office spokesperson commented: “We are firmly committed to protecting users’ privacy and data. We are considering the Commission’s letter and will respond in due course.”

To read up on archived Phorm news and learn more about the details surrounding this case click here.