The Commission has opened an infringement proceeding against the United Kingdom after a series of complaints by UK internet users, and extensive communication of the Commission with UK authorities, about the use of a behavioural advertising technology known as ‘Phorm' by internet service providers.

The proceeding addresses several problems with the UK's implementation of EU ePrivacy and personal data protection rules, under which EU countries must ensure, among other things, the confidentiality of communications by prohibiting interception and surveillance without the user's consent. These problems emerged during the Commission’s inquiry into the UK authorities’ action in response to complaints from internet users concerning Phorm.

The EU Directive on privacy and electronic communications requires EU Member States to ensure confidentiality of the communications and related traffic data by prohibiting unlawful interception and surveillance unless the users concerned have consented (Article 5(1) of Directive 2002/58/EC).

The EU Data Protection Directive specifies that user consent must be ‘freely given specific and informed’ (Article 2(h) of Directive 95/46/EC). Moreover, Article 24 of the Data Protection Directive requires Member States to establish appropriate sanctions in case of infringements and Article 28 says that independent authorities must be charged with supervising implementation. These provisions of the Data Protection Directive also apply in the area of confidentiality of communications.

The Commission has the power to launch infringement proceedings against any Member State that fails to comply with EU telecoms law and regulations.

Enforcing full and effective implementation of the regulatory framework in electronic communications is essential for the sector’s contribution to the overall goals of the Lisbon Strategy for growth and jobs. In view of the telecoms sector’s importance, the Commission takes a proactive role to ensure that these goals are achieved.