Alex @ Phorm here
With regard to PECR, the law is quite clear stating that any system requires valid, informed consent. We believe the approach that we will take to user notice will not only provide for such consent, but will in fact exceed the level of notice provided by anyone else. We also believe, as has been the case with the DPA and RIPA, that closer scrutiny will demonstrate that the way in which we obtain consent will substantially exceed any legal requirement.
http://blog.phorm.com/