Police drop BT-Phorm probe

Nicholas Bohm ukcrypto at chiark.greenend.org.uk
Wed, 24 Sep 2008 16:30:28 +0100


Igor Mozolevsky wrote:
> 2008/9/24 Nicholas Bohm <nbohm@ernest.net>:
> 
>> I don't think attempts to obtain judicial review of the police refusal to
>> proceed are worthwhile - they can find perfectly legitimate reasons for not
>> proceeding to replace the doltish reasins they have so far given; and I
>> agree with Charles that the DPP is unlikely to give consent for a
>> prosecution anyway.  This is a blind alley.  Much better to target website
>> owners to persuade them to take steps to prevent Phorm from poaching their
>> customers.
> 
> IANAL, but there could possibly be a case to answer under ECHR Article
> 8 against BT/Phorm?

Not directly, as BT isn't a public authority.  One would have to argue 
that the UK had failed to comply with an Art 8 duty to protect privacy. 
  I feel this is all rather indirect.

Nick
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