The government is failing to comply with European directives concerning internet privacy, the European Commission claims.
The Commission accuses the UK government of failing to provide sufficient safeguards against the illegal interception of internet traffic.
The case, which will go before the European Union’s Court of Justice, is the culmination of a year-long investigation in to the way the UK handles complaints about online behavioural advertising.
The European Commission launched the investigation in the wake of BT’s controversial trial of Phorm, an online service that served up targeted adverts based on a list of sites visited by users. The trial was criticised by privacy campaigners and data experts for being “opt out” rather than “opt in”.
European parliament building
The Commission claims that under EU law, British consumers should have an independent authority to to regulate the interception of communications.
It also objects to the Regulation of Investigatory Powers Act 2000, which permits a person to intercept communications if they have “reasonable grounds” to believe that consent had been given by the individual concerned.
The Open Rights Group, which campaigns for internet transparency, welcomed the Commission’s move on Thursday.
“This is great news; Phorm showed there are big holes in the UK privacy laws. We need an official body to deal with citizens’ complaints about illegal commercial interception and enforce our legal privacy rights,” said the group’s director Jim Killock.
ORG was among the groups that complained about Phorm.
A UK Home Office spokesman said the government was disappointed that the Commission had decided to refer the case to the European Court of Justice.
“We are planning to make changes to address the Commission’s concerns and will be setting out more detail on any necessary amendments or legislation in due course,” the spokesman said.
