BERRRef 01.04.05.4043c
YourRef
Paul Hancocks
Via e-mail [mailto:[FOI #3673 email]]
27 October 2008
Dear Mr Hancocks
Freedom of Information request 08/0713
I refer to your request of 19 October 2008 under the Freedom of Information Act 2000 seeking the following information:
1) Provide information about "the line" that was taken in the
response to the EU Commission.
2) Disclose the purpose of the meeting with BT.
3) Disclose the agenda and minutes of the meeting with BT.
Answer to Question 1
The “line” referred to in the disclosed correspondence was part of a brief discussion on Phorm ,during which David Hendon mentioned the forthcoming BERR press line which was to be issued. This was issued on 16 September 2008 and set out BERR's media position. This is contained below:
The UK is committed to providing a high level of consumer protection. We take our community obligations very seriously especially in the area of data protection and e-privacy. The possible future use of Phorm technology has raised material concerns in this area and the UK authorities are working to ensure that if it is introduced into the market for internet based advertising services, this is done in a lawful, appropriate and transparent fashion.
After conducting its enquiries with Phorm the UK authorities consider that Phorm's products are capable of being operated in this fashion on the following basis:
The user profiling occurs with the knowledge and agreement of the customer.
The profile is based on a unique ID allocated at random which means that there is no need to know the identity of the individual users.
Phorm does not keep a record of the actual sites visited.
Search terms used by the user and the advertising categories exclude certain sensitive terms and have been widely drawn so as not to reveal the identity of the user.
Phorm does not have nor want information which would enable it to link a user ID and profile to a living individual.
Users will be presented with an unavoidable statement about the product and asked to exercise a choice about whether to be involved.
Users will be able to easily access information on how to change their mind at any point and are free to opt in or out of the scheme.
Future developments involving Phorm will be closely scrutinised and monitored by the enforcement authorities.
Answer to point 2 - Disclose the purpose of the meeting with BT
This meeting was an informal “catch-up” meeting between BERR officials and BT to discuss matters of common interest.
As previously released material has already disclosed, the proposed trial by BT was a subject that BERR was interested in. No future plans that BT might or might not have for Phorm were discussed.
Answer to Question 3 - Disclose the agenda and minutes of the meeting with BT.
As meetings of this sort are informal affairs, no formal agenda was agreed beforehand and no minutes were taken.
University College London survey
The Constitution Unit, a research body at University College London, is carrying out an independent evaluative study of the Freedom of Information Act 2000 in co-operation with a number of public authorities, including the DBERR. An important part of the evaluation process is gathering the experiences and opinions of FOI requesters like you. Any information you provide will be handled in accordance with the privacy policy explained in the survey.
If you would like to take part in this study, please click the following link to be taken directly to the survey http://tinyurl.com/635c6a to ask more about the study. If you have filled this survey out before, we invite you to fill it out again in light of the recent response to your request for an internal review.
Appeals procedure
If you are unhappy with the result of your request for information, you may request an internal review within two calendar months of the date of this letter. If you wish to request an internal review please contact me.
If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Yours sincerely
Patrick Balchin
Business relations 2
Continuation 3
Enterprise and Business Group, 1 Victoria Street, London SW1H 0ET
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