UK putting web users' privacy at risk, says European Commission
The European Commission has launched legal action against the the UK Government for failing to ensure the privacy of UK internet users.
The move to start infringement proceedings for non-compliance of privacy laws was sparked by a series of complaints to the Commission by UK internet users about major internet service providers (ISPs) using Phorm's Webwise technology. Concern centred on how the software, that constantly analyses customers' web surfing habits in order to deliver better targeted advertising, would be a danger to web users' privacy.
It then emerged that BT had already run covert trials of the Webwise software, in 2006 and 2007. But despite complaints to the police, Government and Information Commissioner's Office, no action was taken against BT.
The European Commission investigated and concluded that if UK authorities allowed ISPs to do this, it would be a breach of the EU Privacy and Electronic Communications and the Data Protection Directives. It has now said the UK Government must make changes.
Viviane Reding, EU telecommunications commissioner said: “The rules are quite clear. A person's information can only be used with their prior consent. We cannot give up this basic principle and have all our exchanges monitored, surveyed and stored in exchange for a promise of 'more relevant' advertising."
Following the complaints about the use of Webwise, it was feared that, by default, customers of ISPs would be opted in to this profiling without first giving express consent. The EC has now ruled this illegal and has taken the first steps to force the UK to comply with e-privacy and data protection laws.
The Privacy and Electronic Communications Directive outlaws interception and surveillance of communication without either the user's permission or a legalising process, such as a warrant. The Data Protection Directive governs users' consent to the collection of data and sanctions for those who break the rules.
