I've been having a discussion with a colleague about whether the new cookie
regulations apply to systems people use at work, and I think I've come
across an anomaly.
Para 6. of SI 2011 No. 1208 amends regulation 6 of the PECR.
In the PECR there is the concept of "subscriber" to a telecommunications
service. A subscriber is 'a person who is party to a contract with a
provider of public electronic communications services'. When you are at
work, using your employer's system, it is your employer who is the
subscriber, not you.
Regulation 6 (1) of PECR says that you can't (in effect) use cookies on the
'equipment of a subscriber or user' unless you meet the conditions in
paragraph 6 (2).
Regulation 6 (2) says that the conditions are (a) providing information, and
(b) giving the opportunity to refuse.
Now we come to the tricky bit. The next amendment is to insert a new
Regulation 3A, which says that 'for the purposes of paragraph (2), consent
may be signified by a subscriber who amends or sets controls on the internet
browser ...'.
This may be an entirely unintentional drafting error, but I think the
omission of 'user' in paragraph 3A means that it is up to the employer
whether cookies are accepted or not.
Have I missed something?
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
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