The European Commission (EC) has issued a "reasoned opinion" calling on the UK to strengthen the powers of its Data Protection Authority so that it complies with the EU's 1995 Data Protection Directive (95/46/EC). The move is related to the previous government’s inability to clamp down on Phorm , which controversially worked with broadband ISPs to monitor what websites you visit for use in targeted advertising campaigns.

Several key issues remain unresolved, notably limitations of the Information Commissioner's Office (ICO) powers:

• It cannot monitor whether third countries' data protection is adequate. These assessments should come before international transfers of personal information;

• It can neither perform random checks on people using or processing personal data, nor enforce penalties following the checks.

Back in 2008 BT angered many when it emerged that they had run two secret trials of Phorm's technology on customers, without their consent, during 2006 and 2007. So began a lengthy campaign against Phorm and related technologies, which ultimately resulted in several major UK ISP supporters ( BT , Virgin Media and TalkTalk ) effectively dropping their plans to use it.

In October 2009 the European Commission (EC) moved to the second phase of an infringement proceeding against the UK concerning a lack of full privacy and personal data protection (original news). Suffice to say that the previous government was consistently unable to answer the EU's concerns, hence this new development.


Furthermore, courts in the UK can refuse the right to have personal data rectified or erased. The right to compensation for moral damage when personal information is used inappropriately is also restricted. These powers and rights are protected under the EU Directive and must also apply in the UK too.

It is critically important to point out that we have recently had a change of government and the new coalition has already begun dismantling much of the old surveillance state approach to personal privacy. This bodes well but they must still resolve these outstanding issues with the EC.


The UK now has two months to inform the EC of measures taken to ensure full compliance with EU rules. It should be noted that the Crown Prosecution Service (CPS) is still investigating whether or not to launch a case against BT, while Phorm could still return their focus to the UK; right now they're too busy concentrating on other countries.