Ok, after reading PECR, as far as I can tell (I'm no expert) conse3nt has to be sought from
both the end user and the website they are communicating with.
I say this because reg 7, pt 3 says:
Quote:
(3) Traffic data relating to a subscriber or user may be processed and stored by a provider of a public electronic communications service if -
(a) such processing and storage are for the purpose of marketing electronic communications services, or for the provision of value added services to that subscriber or user; and
(b) the subscriber or user to whom the traffic data relate has given his consent to such processing or storage; and (my highlight)
(c) such processing and storage are undertaken only for the duration necessary for the purposes specified in subparagraph (a).
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The PECR defines 'subscriber' as " a person who is a party to a contract with a provider of public electronic communications services for the supply of such services"
Ok, I subscribe to a hosting service (a provider of public electronic communications) that provides me with space to host my website and forums.
Sorry, please correct me if I am wrong, but me, as a website owner is also a subscriber, therefore under 7.3b I also have to give consent for my (the website) data to be processed.
This is V important, because if I've interpreted this correctly, Phorm will have to ask permission of all websites as well as end users, which is almost impossible, and immediately makes Phorm a dead duck.
Ali.