From: Knight Andrew [mailto:*****@homeoffice.gsi.gov.uk] Sent: 14 June 2008 16:01 To: 'pete@*****' Cc: Lister Ian; Watkin Simon Subject: Phorm: Third Request for Immediate Disclosure FOI case number -9 640 Dear Mr *****, Thank you for your email of Wednesday, I have already registered it as a Freedom Of Information request. You ask (me) to confirm or deny a number of points. These are not really requests for information, more general questions; however, I have answered them below. The questions that are freedom of information requests I have added to your earlier FOI request; which is being considered; as soon as the Home Office is in a position to disclose information that can be disclosed this will be done. I will provide a response to your additional FOI points within 20 workings days from the date of receipt of your 11 June email. Kind regards Andrew Question 1 First I would like to clarify an earlier point; the Home Office had one meeting with Phorm in August 2007. The Home Office never had a meeting with BT about targeted online advertising and never had a meeting with 80/20 Thinking. The 4th and the 8th of February were the dates when the advice note was sent to those who asked for it. I was not involved in the matter at that time and there was a misunderstanding relating to the information I obtained for your question. Question 2 - 4 Only one meeting; Phorm in August 2007. All disclosable details will be included in the FOI response. The Home Office is responsible for the legislative framework and the policy surrounding interception. The Home Office liaises with the communications industry over matters that directly affect this area and over other areas in which we have a mutual interest and sometimes, as in this case, over issues that only affect one party. The Home Office was asked for its view by different parties and it gave that view. No other discussions were entered into. However for completeness I have provided answers to your questions 5-10 below Question 5 Please confirm or deny; did the Home Office consult with the UK Intellectual Property Office when preparing advice to ISPs concerning behavioural targeting? No – the Home Office did not consult with any external bodies as we had been asked for our view rather than that of others. We have no material interest in target online advertising it is a communications industry imitative. Question 6 Please confirm or deny; was independent IT or Communications industry expertise consulted during the preparation of that document? No – the Home Office did not consult with any independent IT or Communications industry expertise as we had been asked for our view on the applicability or otherwise of RIPA. We have no reason to do so it is a communications industry imitative. Question 7 Please confirm or deny; did the Home Office consult the Information Commissioner before preparing that document? No– the Home Office did not consult with any external bodies as we had been asked for our view rather than that of others. Question 8 Please confirm or deny; did the Home Office consult UK and EU legal expertise before addressing the question "IS IT LAWFUL INTERCEPTION?" No– the Home Office did not consult with any external legal advice as we had been asked for our view rather than that of others. Question 9 Please confirm or deny; did the Home Office discuss with BT at any stage the proposition that Phorm would enable compliance with proposed UK and European Data Retention laws. No– the Home Office did not enter into those discussions with any organisation. Targeted online advertising is a communications industry initiative. Question 10 Does the Home Office expect "to stand with Industry on any human rights challenge" to Phorm as a possible way forward to a “Code of Practice for voluntary data retention”?* Not applicable – the slide that you are referring to was part of a presentation encouraging the communications industry to retain data under the Anti Terrorism Crime and Security Act. Target Online Advertising is a commercial activity that the industry is undertaking for its own interests. The two issues are not and never have been linked. Andrew Knight ******@homeoffice.gsi.gov.uk