Oral question asked in the House of Lords, by Baroness Miller of Chilthorne Domer (Liberal Democrat). It was answered on Thursday, 17 July 2008.

Internet: Privacy

Question: My Lords, the Minister will be aware that my Question was prompted by the recent trials between BT and Phorm, which were conducted without the permission of subscribers. Does he agree that at the very least the British public must be offered an opt-in system when such trials or the scheme itself is put online? Furthermore, is he aware that in the US, Congress has asked that this scheme be put on hold while the privacy implications are examined? Will he do the same?

Answer: My Lords, the noble Baroness has a particular interest in this issue and she raises some very important and good points. Before I looked into it as a result of the Question, I certainly had not addressed it. The Home Office, BERR and the Information Commissioner were not aware of the two tests conducted by BT, which was not good. I know that the Information Commissioner’s Office and BERR are now investigating that very issue, which is very appropriate. Since then, BT has approached all three authorities about a trial with around 10,000 broadband subscribers. The right measures are in place to look at that, but we possibly need a test case to see whether this is interception or not. I am not clear in my own mind on that yet and I will take away that task to see whether it is. If it is, it will be covered by a chunk of the regulation of investigatory powers legislation. If it is not, we will need to think about how we will deal with it. I was aware that the Americans have an issue with it. At the moment, the Information Commissioner has given advice to people and we are protected.

Secondary information