[jem]

Originally Posted by 3x2

The European Convention on Human Rights

Section 1 - ARTICLE 8

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

ARTICLE 13

Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.


I may be mistaken but (1) does not say "except his Internet correspondence" and I'm pretty sure Phorm do not qualify in the exceptions list (2).

However Phorm and/or VM are not a 'Public Authority' i.e. a national or local government or agent acting for them. The ECHR and the Human Rights Act are both concerned about ensuring that people are protected from undue interference by governments. They have little or anything to say about what private individuals or organisations can do.