View Single Post
Old 29-05-2008, 19:53   #7504
serial
Inactive
 
Join Date: Apr 2008
Posts: 133
serial is on a distinguished roadserial is on a distinguished road
Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]

My MP submitted a question to the Home Office and today I recieved a letter with the response. I've typed it out below:

Home Office
The Rt Hon Tony McNulty MP
Minister of State

Dear Serials MP

Thank you for your letter of 21 April to Vernon Coaker on behalf of Serial, who contacted you to express concern about targeted online advertising and the use of that technology by internet service providers. I am replying as the Minister responsible for the Regulation of Investigatory Powers Act 2000 (RIPA) which provides for the lawful interception of communications and the criminal offence of unlawful interception.

The Home Office has considered the issue of Targeted Online Advertising in general without specific regard to any particular application such as the one you mention. The Home Office came to the conclusion that it might be possible for Targeted Online Advertising services to be lawful under 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 Home Office does not take forward investigations or prosecutions under RIPA. The Investigatory Powers Tribunal investigates complaints about the alleged 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.

The Information Commissioner's Office has provided a view that Targetted 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.

Tony McNulty
serial is offline