To ask the Minister of State, Department for Business, Innovation and Skills what response he has made to the European Commission's decision of 14 April 2009 to open an infringement proceeding relating to the use of Phorm's targeted online advertising technology by UK internet service providers.

I have been asked to reply.

The Home Office expressed an informal view about targeted online advertising and RIPA in response to a number of requests. That note concludes that targeted online advertising systems might be lawful if consent was "expressed appropriately". It did not consider whether the advertising system was either opt-in or opt-out. The Information Commissioner has confirmed that consent should be given on the basis of an opt-in system.

No discussions have taken place between the Home Office and Phorm regarding the use of its technology for counter-terrorism purposes and none are planned.

The European Commission requested a reply within two months and the Government have responded accordingly. It would not be appropriate to disclose the response while the Commission is still considering it.