Thread: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
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Old 09-04-2008, 22:19   #2770
AlexanderHanff
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Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
Quote:
Originally Posted by Winston Smith View Post
Hi,

Question for the legally minded/those with more knowledge than I.

I see a lot of reports of groups etc, taking legal action on behalf of 'the general public' on various issues. If this is the case would it not be possible for the Foundation for Information Policy Research to apply for an injunction (my legal knowledge minimal, my red wine knowledge three large glasses) against Phorm?

Nicholas Bohm, general counsel for the Foundation for Information Policy Research said (http://news.bbc.co.uk/1/hi/technology/7339263.stm):

"This is not the end of the road. We will be taking it further. We are not satisfied with the ICO response on interception,"

Could this mean they could/will?

Regards

WinstonS
It is difficult to file for an injunction in its own right, from my understanding of the procedures. The most effective way to file for an injunction would be as an attachment to existing action (criminal trial of the BT trials for example, or litigation from some of the victims of the BT trials) which is much more likely to succeed.

I would hope FIPR will apply for an injunction but I am not sure it is feasible at this time. There is work being done with regards to filing a case from at least one of the trial victims, so if that goes ahead, it is certainly (in my mind) a legal option.

Alexander Hanff

---------- Post added at 21:19 ---------- Previous post was at 21:14 ----------

Of course it is unlikely that we will ever see the actual poll they did as I doubt they obtained informed consent from the participants. This might actually be the one time we see their interpretation of consent match what we all interpret as well, which will simply show them for the hypocrites they are.

Alexander Hanff
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