17 Sep 2008
The government has rubber-stamped the use of the controversial Phorm ad-serving technology, claiming that the system will not break EU data protection laws as long as users are given a choice and are able easily to opt-out.
In July, European Commissioner Viviane Reding demanded more information on the technology, which tracks user behaviour in order to target ads more effectively.
After being granted an extension to the original August deadline, the Department for Business, Enterprise & Regulatory Reform has finally sent its response.
The department will not publicly release the full statement, but in the small part of the letter that has been made public it states that "Phorm's products are capable of being operated" as long as they comply with various requirements.
These include that "user profiling occurs with the knowledge and agreement of the customer" and that "Phorm does not keep a record of actual sites visited".
"Users will be presented with an unavoidable statement about the product and asked to exercise a choice about whether to be involved," the statement adds.
"Users will be able to easily access information on how to change their mind at any point and are free to opt in or out of the scheme."
Questions about Phorm's legality first surfaced when it emerged that firms including BT were trailing the technology without informing users.
I think the above statement is a true statement. Why, otherwise would a government department paid by public purse to protect the public give in to a scheme which started its life 'sneaking about behind the public's back' and then think they will pay heed to this puppet government conditions?
Posted by: Alexander Stephen Mark 18 Sep 2008
The proposed mechanism for opting out is awful - and if you cleared your cookies you were, of course, back in their web. The only way this should be able to work is as an opt in scheme - not opt out.
I'm astonished that the Information Commissioner's office has taken such a decision. Let's hope the European folks sort this out
Posted by: Peter Dunkley 17 Sep 2008
... they are forgetting two important things; It is not the advertisers' internet, and it is not any Government's Internet either so they do not have the right to say what is acceptable and what is not on my behalf.
They didn't ask me and I vote a very loud and emphatic NO to the use of Phorm on the Internet that *I* pay to use.
Posted by: David Lambert 17 Sep 2008
The only ethical way to allow this program to operate at all is to make "opted-out" the default for users who take no action. Users who specifically choose to opt-in may do so, but why would anyone want to be bothered with someone else's choice of adverts? Sensible people will thus automatically opt out, and only fools would opt in.
Posted by: Bernadette Lugner 17 Sep 2008
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