EU says URLS and Search Terms _are_ PECR data

[Ian Batten]

Taken from a post to a Phorm inventor forum a few minutes ago.  I  
don't have a real source, I'm afraid.  This is an interesting contrast  
to Caspar's take on PECR last night.  The money shot is ``The data  
concerned in this particular matter i.e. the content of search  
queries, constitute communication within the meaning of this Directive  
and the URLs used in the packets constitute traffic data. This data  
should therefore be protected appropriately.''

ian

> Reply from EU Information, Society & Media Commissioner Viviane Reding
>
> The Commission is aware of the activities of the company Phorm in  
> the UK,
> concerning the analysis of internet traffic for advertising  
> purposes, the
> agreement between Phorm and major internet service providers in the  
> UK and
> the concerns that have beep raised about the effects on privacy of  
> these
> activities. Privacy and the protection of personal data are  
> fundamental
> rights of the citizens of the EU. They are enshrined in Articles 7  
> and 8 of
> the EU Charter of Fundamental Rights, and also protected by the  
> European
> Convention on Human Rights and the related instruments of the  
> Council of
> Europe, to which all EU Member States are signatories.
>
> The general principles for the protection of personal data are  
> defined in
> Directive 95/46/EC and complemented and particularized for electronic
> communications by Directive 2002/58EC on privacy and electronic
> communications (ePrivacy Directive).
>
> The ePrivacy Directive obliges Member States to ensue the  
> confidentiality of
> communications and related traffic data through national  
> legislation. In
> particular, they shall prohibit listening, tapping, storage or other  
> kinds
> of interception or surveillance of communication and the related  
> traffic
> data by persons other than the users without their consent, which  
> must be
> freely given, specific and informed indication of the user's wishes.  
> The
> data concerned in this particular matter i.e. the content of search  
> queries,
> constitute communication within the meaning of this Directive and  
> the URLs
> used in the packets constitute traffic data. This data should  
> therefore be
> protected appropriately.'