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Open Rights Group questions Phorm

Campaign body the Open Rights Group (ORG) has called for further detail on the workings of ad system Phorm.

BT, Virgin and Talk Talk have signed up to trial the system, which intercepts users' web surfing to analyse habits.

More than 2,500 people have signed a Downing Street petition expressing concern about privacy implications.

"Until we know exactly how Phorm works, and across whose networks our data will flow, speculation about the privacy implications will continue", said ORG.

Compliance?

Some campaigners believe there are unanswered questions about how Phorm works, following a number of question and answer sessions the company has done publicly and with the media.

In a statement ORG said: "Question marks are beginning to appear over Phorm's compliance with the law.

"Can ISPs' employment of Phorm comply with the Data Protection Act? Is intercepting traffic in this manner an offence under section 1 of Ripa (the Regulation of Investigatory Powers Act)?"

There is concern that the interception of users web surfing data may contravene Ripa, which makes the interception of any transmission across a public telecommunication system illegal without the explicit consent of users.

Talk Talk has said it intends to make Phorm an opt-in system, while the two other ISPs have not yet decided.

BT has said that the terms and conditions for broadband users who use Phorm will be updated but some privacy campaigners argue this does not equate to informed consent.

On Tuesday Kent Ertegrul, chief executive of Phorm, told the BBC News website that he was confused about why the issue of opt-in versus opt-out was causing so much controversy.

"There is no way of not knowing that this is switched on. There is a clear choice offered to consumers and I am surprised that there has been so many questions about this. I find it a bit bizarre," he said.

Source: BBC