The Crown Prosecution Service have delayed their decision on whether BT or Phorm will be charged over the un-announced trials of technology which tracked customers web browsing, and has generally be considered as unlawful interception. ISP Review have received a copy of a letter sent to Alexander Hanff of Privacy International, a privacy campaigner who had pushed the CPS to investigate.
Dear Mr. Hanff
Re: Consent to Prosecute Alleged Offences under Section 1 of the Regulations of Investigatory Powers Act 2000
I last wrote to you on 26th November 2010 in which I said that I considered it more realistic to suggest that a decision would be made by mid-December. The whole case is under consideration at a senior level and I do not consider that a decision will be made by mid-December. I thought it best to tell you straightaway. A decision will be made as soon as possible and either I or another person on behalf of the CPS will write to you.
I am sorry if I raised your hopes in my earlier letter but at the time that I wrote to you I genuinly thought that the CPS would be in a position to make a decision by the provisional date I gave you. That has not proved possible and very careful consideration of this matter continues.
Special Caseworker LawyerCPS Letter for Alexander Hanff
The European Commission recently decided to take the UK to court over its privacy and data protection rules as they do not meet the requirements of European ePrivacy Directive in three separate areas. This is largely due complaints about how the UK dealt with the Phorm case and the investigation by the City of London Police which found that no criminal offence had been committed.