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Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
From the ICO this morning pointing me to their statement on the Phorm Webwise products and continuing
Quote:
The statement explains that as regards PECR internet service providers using traffic data in the Phorm products will need the consent of end users of their service which will be the subscriber to their service or other parties the subscriber allows to use the service. This does not extend to requiring the consent of website operators.
I think that the element that is relevant to you as a website provider is the extent to which the use of the Phorm products constitutes an interception of communication under the Regulation of Investigatory Powers Act 2000 which would require the consent of both parties to a communication. There has been extensive discussion in online forums and publications about the compliance of Phorm with RIPA and also copyright law. However these are not areas where the Information Commissioner has any remit which is explained in our statement.
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