thanks to admin in the DRI blog, iv had this response
"popper - The Open Rights Group
seem to be on top of the Phorm issue. Unless we find out that an Irish ISP is deploying the technology, I don’t think DRI has much to add. The provision you’ve cited on that thread is limited to Irish law. RIPA is a much more complex statute. Incidentally, the underlying European law is the privacy in telecommunications directive,
2002/58/EC, which you might like to have a look at if you haven’t already. "
time to look at 2002/58/EC now....
---------- Post added at 22:42 ---------- Previous post was at 22:19 ----------
Quote:
Originally Posted by flowrebmit
If the ISP (and Phorm) stick to the view that none of your personal data is being sent to Phorm, whilst nicely mis-directing the ICO away from the profiling equipment installed in the ISP network,
what good is the DPA notice if all your IP traffic is still going to go through that profiling equipment?
|
its an interesting question, plenty of questions ,not many answers.
we need more legally trained points of view here, so i posted a few questions and POV in a few places today and pointed them to this thread.
so hello and
if your reading as one of the 14 guests, come join us,take the poll, and help us understand the finer points of Uk and EU law as it relates to this ISP/Phorm/users deal.
well flowrebmit, theres the EU DC 'ip is your personal data' OC, so if you instruct them to not send your data to any profiling electronic device such as any Phorm supplyed or gifted kit perhaps thats enough.
as you imply, you cant assume the ICO knows, so make sure the UK ICO knows fully about the notice and what the Phorm Box is and does, how its gifted over a standard 5 year plan as we understand it from public information etc.
if its still being directed (a data protection act request on that, might show that fact in a log of your dataflow perhaps?)to the Phorm profiling for profit boxs then thats then a matter for the ICO to look at as part of the non compliance you send it would seem.
would the ISP (because we are talking about several ISPs right not just VM) really risk the ICO (temp)removing their DPA licence once they understand thats a very real option open to the Data Commissioners as a sanction....!