Today in Parliament

Peter Fairbrother ukcrypto at chiark.greenend.org.uk
Fri, 18 Jul 2008 21:14:44 +0100


Richard Clayton wrote:
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> In article <0F1F58F4-B6AF-4FD2-841B-861F1CC83527@batten.eu.org>, Ian
> Batten <igb@batten.eu.org> writes
> 
>> On 17 Jul 08, at 1619, Lord West of Spithead wrote:
>>
>>> A lot of
>>> information is available to the internet service providers through
>>> headers, URLs and so on.
>> If my ISP knows the URL that I am accessing, then that means they are  
>> intercepting my TCP stream on port 80.   I thought that was illegal,
> 
> not necessarily, there are a number of statutory exemptions
> 
>> other than for the purposes of running a transparent proxy (which  
>> fewer and fewer people are doing these days).  If they're recording  
>> and acting on that information, then that's quite clearly personally  
>> identifiable data, probably sensitive ditto, and they should have a  
>> damned good reason for doing it.
> 
> you're mixing up RIP issues (does the interception meet one of the
> exemptions?) with DPA issues (does their processing conform to the data
> protection principles ?)
> 
> In that context, note this system:
> 
>   http://www.hitwise.co.uk/products-services/how-we-do-it.php
> 
> which is from all accounts completely DPA compliant.
> 
> Doubtless the ISPs that deploy it are able to tell you which section of
> RIP they invoke to make it lawful under that Act...  (I'd guess they'd
> argue that they need to understand website popularity to adequately
> dimension their networks... but that's only arm waving by me, you'd need
> to ask them why they believe it to be lawful).
> 

"PricewaterhouseCoopers have conducted an audit on specific Hitwise 
management assertions on privacy practices ..."

I wonder why these people (and Phorm) seem to think that a firm of 
accountants are the right people to give assurances? Surely a firm of 
lawyers would be better?

-- Peter Fairbrother

> - -- 
> richard                                              Richard Clayton
> 
> They that can give up essential liberty to obtain a little temporary
> safety deserve neither liberty nor safety.         Benjamin Franklin
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