Thread: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
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Old 09-04-2008, 14:41   #2702
AlexanderHanff
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Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
Quote:
Originally Posted by Ravenheart View Post
I would have thought that unless you opt in, then any form of profiling without your consent would be illegal, but I know nothing of the way the law would interpret this.
The section of the Directive ICO are referring to is with regards to interception, so they should not be permitted to intercept the traffic in any way unless a user is opted in.

This would mean that their current model would not satisfy the requirements as they need to intercept to verify whether a user has opted in or not (using DPI to look for the cookie).

This also means we need complete disclosure from BT with regards to how their upcoming trials are going to work. If they are going to use the same methods as described in the technical analysis by Dr Richard Clayton, they would be in breach of PECR as they will be using DPI (which requires interception) to detect the opt in cookie in the traffic data. This means we need to ask questions about how the upcoming trials can circumvent the requirements of PECR.

Alexander Hanff
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