bad Phorm
On 17th July I posted about a letter to Viviane Reding. Today, 19th, I have a reply. Much of the letter is about fundamental rights covered by Articles 7 and 8 but two paragraphs might interest El Reg readers.
Member States are to ensure the confidentiality of communications and related traffic data through national legislation. They are required to prohibit interception or surveillance of [same] by persons other than the users without their consent. Traffic data may only be processed for certain defined purposes, e.g. billing and for a limited period. The subscriber must be informed about such processing. Additional processing requires anonymisation or prior consent of the subscriber or user.
The Commission is currently in contact with the UK authorities to clarify, in particular, the actions of the competent national authorities with regard to the users' complaints about trials of the Phorm technology by BT in 2006 and 2007, as well as the position of the UK authorities regarding the planned future deployment of the Phorm technology, in particular the way in which it is planned to obtain the users' consent. The Commission will continue to follow this case and take appropriate action, should the need arise, to ensure that the relevant EU law is effectively implemented by the UK authorities on this matter.
Fortunately, the letter was in English as my French isn't that good.