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Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
I have had a reply to my request for a response from the Home Office about the interception of communications. I don't see anything new in this but for the record...
Quote:
Dear xxxxx,
Thank you for your e-mail regarding your concern about targeted online advertising and the use of that technology by internet service providers.
The Home Office has considered the issue of Targeted Online Advertising in general without specific regard to any particular application. The Home Office came to the conclusion that it might be possible for Targeted Online Advertising services to be lawful under the Regulation of Investigatory Powers Act 2000 (RIPA). It might also be the case that Targeted Online Advertising is delivered in a way that is not considered as interception as defined by RIPA. It does rather depend on how those services are offered and how they work. I should point out that we are, of course, unable to provide a definitive statement of the law, which only a court could give.
The Investigatory Powers Tribunal investigates complaints about the use of interception when conducted by state bodies such as the Police and Security Service, but does not investigate commercial companies. Any investigation of a complaint against a company for breaching RIPA legislation would need to be taken up by the Police who would determine whether to submit a file for the Crown Prosecution Service to consider.
The Information Commissioner’s Office has provided a view that Targeted Online Advertising could operate in a way that is in compliance with the Data Protection Act, but that he is keeping the targeted online advertising products under review and will be strongly influenced by the experience of those users who choose to participate in any trials and the way in which they are able to make that decision to participate.
Any questions about statements that private companies, such as Phorm, have issued should be directed to the company concerned.
Yours sincerely
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Hank
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