EU – Commission replies on Phorm: “(Cable Forum)
The ePrivacy Directive obliges Member States to ensure the confidentiality of communications and related traffic data through national legislation. In particular, they shall prohibit listening, tapping, storage or other kinds of interception or surveillance of communication and the related traffic data by persons other than the users without their consent, which must be freely given, specific and informed indication of the user’s wishes. The data concerned in this particular matter i.e. the content of search queries, constitute communication within the meaning of this Directive and the URLs used in the packets constitute traffic data. This data should therefore be protected appropriately.”

(Via QuickLinks Update.)