Back in March The Shelf posted about Sir Tim Berners-Lee and his opinions on a sophisticated user tracking and ad targeting system. The Phorm system mentioned in that post has since been put increasingly under the spot light after it was divulged BT secretly trialled the software on its users in 2007, a move many believe was in fact illegal.
Backed by three leading internet service providers the system is designed to increase the relevance of online advertising by logging all the websites a particular user visits, a move the Foundation for Information Policy Research said infringed user’s privacy rights.
“Users should have to opt in to such a system, not merely be given an opportunity to opt out. Failure to establish a clear and transparent ‘opt-in’ system is likely to render the entire process illegal and open to challenge in UK and European courts.” – The FIPR
It is thought that by serving adverts based on a users browsing history, more relevant adverts will be served than if the advert was served in relation to webpage content.
A petition on the Downing Street website has now seen over 10,000 people sign it. It is to be delivered to the Prime Minister to review the country’s privacy laws.
On Friday the argument developed further when the Information Commissioner’s Office (ICO) said it would monitor a planned BT trial of the service with the FIPR claiming the ICO had simply brushed over doubts of the services legality.
“[Phorm] assure us that their system does not allow the retention of individual profiles of sites visited and adverts presented, and that they hold no personally identifiable information on web users. Indeed, Phorm assert that their system has been designed specifically to allow the appropriate targeting of adverts whilst rigorously protecting the privacy of web users.” – ICO
The FIPR responded by saying “[BT] appear to ignore the fact that they can only legalise their activity by getting express permission not just from their customers, but also from the web hosts whose pages they intercept, and from the third parties who communicate with their customers through web-based email, forums or social-networking sites. We sincerely hope that the Information Commissioner will reconsider what appears to be a green light for lawbreaking.”
Meanwhile an technical analysis of the system by Dr Richard Clayton has reinforced views that the system is in fact illegal.
