Virgin Media Phorm Technology trial dates

Our Reference: FOI/999

Dear Mr Watson

Thank you for your correspondence dated 17 July 2008 concerning Phorm
Technology.

Your request is being dealt with in accordance with the Freedom of
Information Act 2000. We will respond by 14 August 2008 which is 20
working days from the day after we received your request.

Yours sincerely

Charlotte Powell

Internal Compliance Manager

Charlotte Powell

Internal Compliance Manager

Information Commissioners Office

01625 545760

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[1]http://www.ico.gov.uk or e-mail: [email address]

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF

Tel: 01625 545 700 Fax: 01625 524 510

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Communications via the GSi may be automatically logged, monitored and/or
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References

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1. http://www.ico.gov.uk/

Our ref: FOI/999

Dear Mr Watson

Request for Information

Further to our acknowledgement of 21 July 2008 we are now in a position to
provide you with a response to your request for information dated 17 July
2008.

In your e-mail of 17 July you asked for "... any documents either from
Virgin Media or Phorm stating that they would be or have conducted test(s)
of the phorm technology and what information these tests produced i.e.
harm to consumers, size and dates of such technology trials".

In response to your request for copies of the documents we hold from
Virgin Media, the only item we have is an e-mail that was sent to the
Information Commissioner's Office (ICO) by Virgin Media on 25 April 2008.
I have attached copy of this e-mail, which has been edited (or redacted).
There are two reasons for these redactions. Firstly, the contact details
of the Virgin Media representative have been removed to protect their
identity. This personal information is exempt from disclosure to you
under section 40(2) of the Freedom of Information Act 2000 as to provide
it to you would contravene the Data Protection Act 1998. Secondly, the
e-mail contains additional information which does not relate to the
testing of the Phorm technology by Virgin Media, and is therefore not
covered by your request for information.

We also have a number of e-mails and attachments that were exchanged
between the ICO and Phorm, dating from 28 March 2008 to 22 April 2008.
Unfortunately these e-mails are not currently available in electronic
form, and I am therefore unable to attach them to this e-mail. However,
if you can provide me with your postal address I will make sure these
documents are immediately sent to you by 1^st class post.

As far as the second element of your request is concerned, in which you
have asked for the "information these tests produced", as you can see from
Virgin Media's e-mail to the ICO of 25 April 2008, at that time no tests
had been carried out in a live environment, and we therefore assume that
there would not have been any impact on Virgin Media customers.
Therefore, other than what the ICO was advised by Virgin Media on 25
April, we do not hold any information about tests carried out by Virgin
Media.

In addition, I would refer you to a press release which we issued on 4
April 2008 titled `Phorm advertising - ICO statement', as well as a more
detailed piece titled `Phorm - Webwise and Open Internet Exchange'. Both
documents can be found on our website via the following links:

[1]http://www.ico.gov.uk/upload/documents/p...

[2]http://www.ico.gov.uk/Home/about_us/news...

Finally, in response to a previous FOI request which related to BT's use
of Phorm technology, we provided copies of correspondence exchanged
between the ICO, BT and Phorm. All of this documentation (which includes
our e-mail exchange with Phorm) has been scanned electronically and is now
available on the `cableforum' website at the following link:

[3]http://www.cableforum.co.uk/board/345854...

I hope this provides you with the information you require. However, 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 contact the Internal Compliance Team
at [4][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 Senior Complaints Resolution Manager, Complaints Resolution Team at
[5][email address].

A copy of our review procedure is attached along with details of our
enforcement powers and your rights of appeal.

I look forward to hearing from you with details of your postal address.

Yours sincerely

Antonia Swann

Assistant Internal Compliance Manager

Information Commissioner's Office

01625 545894

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.ico.gov.uk/upload/documents/p...
2. http://www.ico.gov.uk/Home/about_us/news...
3. http://www.cableforum.co.uk/board/345854...
4. mailto:[email address]
5. mailto:[email address]