UK government set to be sued over lack of Phorm intervention

The UK government could soon be getting a nasty bill direct from Brussels after it was revealed the European Commission would be stepping in to penalise the authorities for their lack of action against the controversial Phorm trials conducted in conjunction with BT.

Providing targeted advertising campaigns based on the nature of websites previously visited, the Phorm service was tested by BT on 10,000 of its broadband customers covertly in 2006 and 2007.

Following news on the impending fine, EU telecoms commissioner Viviane Reding released a statement urging the UK government to improve laws to protect broadband users:

“I call on the UK authorities to change their national laws and ensure that national authorities are duly empowered and have proper sanctions at their disposal to enforce EU legislation on the confidentially of communications,” said Reding. “This should allow the UK to respond more vigorously to new challenges to ePrivacy and personal data protection such as those that have arisen in the Phorm case.”

The Information Commissioner’s Office (ICO) was found to be responsible for allowing the BT Phorm trials to go ahead without moderation. According to reports, the ICO approved BT’s trials after the provider argued it would be too complicated to explain Phorm’s operating system to the members unknowingly taking part.

The European Commission has also expressed concern over the lack of regulation of interception of communications made by private companies. Explaining its feelings of anxiety the Commission commented: “Under UK law, which is enforced by the UK police, it is an offence to unlawfully intercept communications. However, the scope of this offence is limited to ‘intentional’ interception only.

“Moreover, according to this law, interception is also considered to be lawful when the interception has ‘reasonable grounds for believer’ consent to interception has been given. The Commission is also concerned the UK does not have an independent national supervisory authority dealing with such interceptions.”

UK authorities have now been given an ultimatum to bring law into line with agreed European obligations or face legal action in the European Court of Justice in Luxembourg.