Welcome EU action over UK privacy failures - Ludford

6.38.00pm GMT Fri 30th Oct 2009

The European Commission is taking legal enforcement action against the UK government for its failure to fully implement EU law regarding online privacy. The action could result in a judgment in the EU court, the European Court of Justice, and a fine.

The EU's 2002 'e-privacy' directive guarantees confidentiality of electronic communications such as emails and internet surfing. The Commission received complaints that UK telecoms firms were unlawfully monitoring and profiling users' internet use in order to allow targeted 'behavioural' ads to be sent eg by Phorm, and that it was impossible to get action from UK authorities.

London Liberal Democrat MEP Sarah Ludford, the party's European justice & human rights spokeswoman, said:

"This move endorses the criticism of Liberal Democrats and campaigners of the government's lax attitude towards data protection and their slide towards mass surveillance."

"We have long said that RIPA is a snooper's charter for police and local authorities. But even more generosity has been shown to commercial firms who want to make money out of invading our privacy."

"It is shameful though welcome that Brussels has had to ride to the rescue as British bodies including our data watchdog the Information Commissioner are apparently powerless to help."

ENDS

Note to Editors

1. The Commission's charges are that the EU law's requirement of (active) consent is not respected in the UK, that the monitoring and redress provisions of the Regulation of Investigatory Powers (RIPA) Act does not apply to interception by private firms, and that there is no sanction for 'unintentional' interception. The Commission is not satisfied with the response from the British government after an earlier warning and has identified three particular shortcomings in British regulation:

i) There is no independent national authority to supervise the interception of communications and to hear complaints about interceptions,

ii) Communications can be intercepted when there are "reasonable grounds for believing" that consent has been given, rather than the stricter European rule which requires "freely given specific and informed indication of a person's wishes."

iii) Under the Regulation of Investigatory Powers Act 2000 (RIPA), unlawful interception of communications is only punished if it was intentional. Under European law, the government has a duty to sanction unlawful interception regardless of whether or not it was intentional.

2. Sarah Ludford last year met deputy Information Commissioner David Smith to discuss a further possible EU infringement action over the lack of power and resources for his office. It is believed that case is still under consideration in Brussels. See here.