Confirm statements made by ISBA regarding IBA principles

Link: [1]File-List

17th April 2009

Case Reference Number IRQ0244262

Dear Mr Main

Thank you for your email dated 16 April 2009 in which you have made a
request for information to the Information Commissioner’s Office.

Your request is being dealt with in accordance with the Freedom of
Information Act 2000.  We will respond by 15 May 2009 which, taking into
account the May bank holiday, is 20 working days from the day after we
received your request.

Yours sincerely

Joanne Crowley

Assistant Internal Compliance Manager

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http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

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8th May 2009

Case Reference Number IRQ0244262

Dear Mr Main

Further to our acknowledgement dated 17 April 2009 we are now in a
position to respond to your request for information.

On 16 April 2009 you requested the following information:

“[quote David Ellison, ISBA's marketing services manager, said,
"Although we understand there are some concerns over online behavioural
targeting, ISBA has confidence in the ability of the UK self-regulatory
system and in the IAB's principles for users of this new technology. The
IAB principles have the backing of Ofcom and are designed to promote
transparency and user choice, as well as to help consumers better
understand the benefits of behavioural

targeting. "Importantly, the technology itself has also been cleared by
the Information Commissioner's Office. The UK advertising industry has
proven over the years that it can very effectively police itself. We see
little need for intervention," added Ellison. ISBA's criticism follows
Amazon's announcement yesterday to ban Phorm from using its technology to
scan pages across its site (nma.co.uk 15 April). end quote]

please supply copies of any documentation sent or statements made by the
ICO which validate the remarks that the technology has been

cleared by your office as stated in the above quote.”

In response to your request, please find attached two documents containing
the views expressed by the ICO in relation to the technology referred to
in your request.

If you are dissatisfied with the response you have received and wish to
request a review of our decision or make a complaint about how your
request has been handled you should write to the Internal Compliance Team
at the address below or e-mail [2][email address]

Your request for internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request
received after this time will only be considered at the discretion of the
Commissioner.

If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation.  To make such an application, please write
to the Case Reception Team, at the address below or visit the
‘Complaints’ section of our website to make a Freedom of Information
Act or Environmental Information Regulations complaint online.

 

A copy of our review procedure is attached.

Yours sincerely,

Iman Elmehdawy

Assistant Internal Compliance Manager

Information Commissioner’s Office

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http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

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1. file:///tmp/rad225F8_files/filelist.xml
2. mailto:[email address]

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13th May 2009

Case Reference Number IRQ0247762

Dear Mr Main

Thank you for your correspondence dated 12 May 2009 in relation to
independent expert advice on Phorm.

Your request is being dealt with in accordance with the Freedom of
Information Act 2000.  We will respond by 10 June 2009 which is 20
working days from the day after we received your request (allowing for the
bank holiday Monday).

Yours sincerely

Iman Elmehdawy

Assistant Internal Compliance Manager

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http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

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1. file:///tmp/radFB9CB_files/filelist.xml

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10th June 2009

Case Reference Number IRQ0247762

Dear Mr Main

Further to our acknowledgement dated 13 May 2009, we are now in a position
to provide you with a response to your request for information.

On 12 May 2009 you requested the following information:

“We have had detailed discussions with Phorm. They 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.

did you ask any other independent expert or any other government
department for its opinion or did you just take Phorm's word on how it all
works?

“We will continue to maintain close contact with Phorm and BT throughout
the trial. Clearly the trial should reveal whether this is a service that
web users want, whether it is privacy friendly

and that users are comfortable with the privacy safeguards put in place by
Phorm.”

So you didn't CLEAR it then,as the statement by the ISBA suggests ?

Was the fact that in order to be legal BOTH the permission of thewebuser
and the website MUST be obtained in advance considered in making your
statement? “

In response to the first part of your request “did you ask any other
independent expert or any other government department for its opinion or
did you just take Phorm's word on how it all works?” Unfortunately, we
do not hold recorded information in relation to this part of your request.

In response to the second part of your request, unfortunately no
information is held in relation to clearing ISBA statement. The statements
in relation to Phorm have been provided to you in response to previous
requests. The statements are entitled “Webwise and Open Internet
exchange and Phorm Advertising ICO statement.

In response to the third part of your request (was the fact that in order
to be legal BOTH the permission of thewebuser and the website MUST be
obtained in advance considered in making your statement?), we do not hold
recorded information in relation to your request. Please note that a
response regarding privacy implications of the Phorm DPI system was
provided to you under case reference IRQ0235827.

Finally, the information Commissioner’s Office produced a document
entitled “The ICO charter for responsible Freedom of Information
requests”. This document explains that, in order to make your request
for information more effective, it should be specific. A requestor is
advised to ask for the information he/she needs, rather than a general
question they want a public authority to answer. The Act and Regulations
provide rights of access to information held by public authorities.

Please find below a link to this document for your information

[2]http://www.ico.gov.uk/upload/documents/l...

I hope the above is of assistance to you.

If you are dissatisfied with the response you have received and wish to
request a review of our decision or make a complaint about how your
request has been handled you should write to the Internal Compliance Team
at the address below or e-mail [3][email address]

Your request for internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request
received after this time will only be considered at the discretion of the
Commissioner.

If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation.  To make such an application, please write
to the Case Reception Team, at the address below or visit the
‘Complaints’ section of our website to make a Freedom of Information
Act or Environmental Information Regulations complaint online.

 

A copy of our review procedure is attached.

Yours sincerely,

Iman Elmehdawy

Assistant Internal Compliance Manager

Information Commissioner’s Office

show quoted sections

http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

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1. file:///tmp/rad351EE_files/filelist.xml
2. http://www.ico.gov.uk/upload/documents/l...
3. mailto:[email address]