EC takes privacy infringement proceedings against UK a step further

UK Government must adhere to EU rules on online privacy

The European Commission has given the Government two months to ensure online privacy measures for UK citizens comply with EU standards.

The move comes after the EC instructed the UK Government to take positive action to comply fully with EU rules under the ePrivacy Directive following complaints it received about behavioural advertising company Phorm in April.

A failure to do this means the EC has now moved to the second phase of its infringement proceedings against the UK. If after two months the EC still believes that the UK Government is not doing enough to ensure the confidentiality of people's electronic communications, including email and internet browsing, the case would be taken to the European Court of Justice.

Viviane Reding, EU Telecoms Commissioner said: “People's privacy and the integrity of their personal data in the digital world is not only an important matter, it is a fundamental right, protected by European law.

"That is why the Commission is vigilant in ensuring that EU rules and rights are put in place. Ensuring digital privacy is a key for building trust in the internet.

"I therefore call on the UK authorities to change their national laws to ensure that British citizens fully benefit from the safeguards set out in EU law concerning confidentiality of electronic communications.”

The furore arose earlier this year after it emerged that some major internet service providers (ISPs) including BT were considering using behavioural tracking software developed by Phorm.

The fear was this would be implemented without users' consent and BT did run secret trials of the Webwise software.

This would have tracked websites visited by internet users. However the ePrivacy Directive prohibits the interception and surveillance of electronics communications without the user's consent.

Specifically the Commission has identified three gaps in the existing UK rules governing the confidentiality of electronic communications.