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Old 20-03-2008, 12:57   #1505
Join Date: Jan 2006
Posts: 3,270
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Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]

Originally Posted by popper
been there, done that, got no answers to the questions put....

generic answers are such fun....
and this ones not been mentioned in a while.
  1. If you are a customer of BT Retail (or of any other BT divisions e.g. BT Business) , Virgin Media or Carphone Warehouse Talk Talk, or any other company that thinks to profile your data for advertising , then you might like to write to them quoting the very clear The Data Protection Act 1998 section 11:
    1. 11 Right to prevent processing for purposes of direct marketing
    2. (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.
    3. (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.
    4. (3) In this section "direct marketing" means the communication (by whatever means) of any advertising or marketing material which is directed to particular individuals.

Originally Posted by lucevans View Post
So, that being the case, what do you reckon to the following DPA notice?:

"Data Protection Notice

I write regarding the intention of Virgin Media to implement Phorm’s system known as “webwise” on your broadband network. I have studied the available information on the technical functionality of this system, and I do not want it to be applied to my internet connection. Please note that I am fully aware of the opt-out system requiring either the placing of a cookie on my computer or the blocking of access to certain domains, but I reject these methods for the reason outlined below:

Despite the offer of an opt-out to prevent me receiving targeted advertising from this system, it is apparent that my web browsing data could still be mirrored to, and analyzed by, Phorm-supplied hardware within your network. Although assurances have been made by Phorm that if I opt-out of the system, no data pertaining to my web browsing habits will be passed from that hardware to Phorm or it’s associates, no assurance has been given that the mirroring and/or profiling of my data will not still take place within the Virgin Media network, and this is unacceptable to me.

According to Phorm, the mirroring and profiling hardware that they supply becomes the property of Virgin Media, so that being the case, I would like to draw your attention to Section 11 of The Data Protection Act 1998 which give me the right to require you to cease, or not begin, processing my data for the purposes of direct marketing.

I hereby inform you that I exercise that right, and prohibit you from routing, mirroring, processing or profiling data traveling to or from my internet connection using any equipment supplied to you for the purpose of operating the Phorm system.

In the event that you receive this letter before the webwise system has been implemented, then it constitutes my standing instruction to you to not begin processing my data in the way outlined above in the future."
far to complicated, your falling into the basic trap they hope everyone falls for.

you need to keep in mind, ITS YOUR DATA and your RIGHT to tell them what they can or cant do with it, NOT Theirs.

you dont need to explain your reasons why they must follow your instructions, only that they do as you instruct, as per section this and clause that under the so and so act, and notify you in writing by return post, the actions they have taken to abide by your official Notice.

if they dont act on your instructions and acknowlage your Notice, and infact do something silly like a email a link to some page, or a simple we are sorry for your complaint etc.

dont worry about it, its NOT YOUR PROBLEM.

after a set time limit has passed ( i forget 14 days,31 days or something , anyone clarify that?), you can then forward copys of your DPA Notice paper work to the Information commissoners office laying out your complaint of non compliance and have the DC act on the complaint.

the DC's office can do several things, not least (but not limited too), remove/revoke the ISPS data processing licence, putting them up shitcreak as it were....

its in the ISPs or indeed any other data processing companys interest, to make sure they act on your DPA Notice or they run the risk of not being able to process your bill due to a revoked DC licence....

as an End user/consumer you dont realise just how powerful a DPA notice can be, until now.

and funny thing is, we probably would never have realised if it were not the the banks and their charges forcing the UK public to finally learn their right under the legislation.

somehow i dont think the UKs ISPs can hope to finance any long term battle with the UK users, as they dont have anywere near the banks finantial clout etc.

you have a choice, run away from the battle, or write those registered letters, its your choice to let them roll you over or not.

weres Mr A when he's needed
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