BBC News has some news that may well please critics of the advertising system Phorm is wanting to provide to a number of broadband providers in the UK. The Information Commissioner Office (ICO) has announced that the ad-targeting system must be an opt-in system, rather than the opt-out that the implementation discussed most often has been. The full statement from the ICO can be read on its website - "Phorm - Webwise and Open Internet Exchange"
The decision is based on European law so should apply to all broadband providers in Europe. The ICO has been having discussions with Phorm and has decided that the company does not break laws regarding 'personal data' i.e. information which can be used to identify a living individual.
On the issue of the data interception which some are saying the system is, the ICO has defaulted to the Home Office for them to make a decision under the relevant laws. The Home Office has previously released a memo stating that RIPA should not stop Phorm.
The requirement to opt into the system has been pre-empted by TalkTalk and the latest BT Retail trial of the system is set to be opt-in.
so Virgin now denying they were going to implement, Talk talk going opt-in, and BT under investigation for previous secret trails, and the ICO saying it must be opt-in, it's going well then.
thats even before some bright spark confirms wether the opt out method is permanent and fail-safe...and wether it merely opts out of processing or the collection of your data.