[popper]

Originally Posted by Jimllfixit

This is going to be a really simple questions to answer.

How would I know if my surfing experience was being looked at right now.

What are the Tell Tale Traces that someone has implemented PHORM on any network not just Virgin Medias.

Is there a tool? A device or some simple command that tells me somone is not feeding me the pages as I want them but as they want me to see them?

I sat down this morning and just picked up on some string of some Google update in an e-mail. I havent stopped surfing all day looking in to this PHORM thing. I'm trying to be objective, I've contacted Virgin Media support who have told me it's not running but when it does start (or to be fair they said if it does start) I will be given the option to opt out. Having looked at as much detail as I can I'm struggling to see technically how I can opt out.

I've been in Telecomms and ISP business for 19 years now and while I fully understand the very real issues of trying to derive revenues from a market that is slashing it's own throat on price, while trying to build solid performance networks and pay those gents at BT huge Central charges. I never thought I'd see us hawking through the deritas of our customers surfings looking for a few spare pennies.

your, and indeed everyones very first thing to do, is send a registered post letter Data Protection Act Notice to the companies removing any and all rights you may have given them unknowingly for the purposes of direct marketing in any T&C contract.

see the link below to a search for your companies registered data controllers address to send it to, and make sure you head the letter "THIS IS A Data Protection Act Notice" to avoid any confusion on their part .

http://www.opsi.gov.uk/acts/acts1998...en_3#pt2-l1g11
"11 Right to prevent processing for purposes of direct marketing

(1) An individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing for the purposes of direct marketing personal data in respect of which he is the data subject.

(2) If the court is satisfied, on the application of any person who has given a notice under subsection (1), that the data controller has failed to comply with the notice, the court may order him to take such steps for complying with the notice as the court thinks fit.

(3) In this section “direct marketing” means the communication (by whatever means) of any advertising or marketing material which is directed to particular individuals.
"

then also send another registered post letter Data Protection Act Notice removing any and all rights to Collect, Process,store, or Export outside the company, your personal data ,except for the specific purposes of supplying and billing for the contracted services.

---------- Post added at 04:15 ---------- Previous post was at 03:45 ----------

“data subject” means an individual who is the subject of personal data;

“personal data” means data which relate to a living individual who can be identified—
(a)
from those data, or

(b)
from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller,

and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual;

“processing”, in relation to information or data, means obtaining, recording or holding the information or data or carrying out any operation or set of operations on the information or data, including—
(a)
organisation, adaptation or alteration of the information or data,

(b)
retrieval, consultation or use of the information or data,

(c)
disclosure of the information or data by transmission, dissemination or otherwise making available, or

(d)
alignment, combination, blocking, erasure or destruction of the information or data;