As part of my daily update on the cookie law..
Here's another document from ICO: http://t.co/kvNH1QME (PDF) which includes some more specific guidance on implementation.
In particular, this bit from the last paragraph of the FAQs was pointed out to me by Matt Jukes:
>>
Q: We only use analytical cookies – if nobody consents that will seriously restrict the amount of information we can get to improve and develop our website
A: The Regulations do not distinguish between cookies used for analytical activities and those used for other purposes. We do not consider analytical cookies fall within the ‘strictly necessary’ exception criteria. This means in theory websites need to tell people about analytical cookies and gain their consent.
In practice we would expect you to provide clear information to users about analytical cookies and take what steps you can to seek their agreement. This is likely to involve making the argument to show users why these cookies are useful. Although the Information Commissioner cannot completely exclude the possibility of formal action in any area, it is highly unlikely that priority for any formal action would be given to focusing on uses of cookies where there is a low level of intrusiveness and risk of harm to individuals. Provided clear information is given about their activities we are highly unlikely to prioritise first party cookies used only for analytical purposes in any consideration of regulatory action.
>>>
I think that pretty much means: "carry on having a page which describes your use of cookies, but don't worry to much about doing anything else", right?
ta
Mike
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Mike Ellis
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On Tuesday, 13 December 2011 at 20:15, Mia wrote:
> On 13 December 2011 16:41, Mike Ellis <[log in to unmask] (mailto:[log in to unmask])> wrote:
> > This just in from ICO...
> >
> > http://bit.ly/uEdMGA
>
> The document 'Guidance on the rules on use of cookies and similar
> technologies' (http://bit.ly/s6IIiJ - PDF) they link to from that page says:
>
> "The Information Commissioner is aware that there has been discussion
> in Europe about the scope of this exception. The argument has been
> made in some areas that cookies that are used for resource planning,
> capacity planning and the operation of the website, for example, could
> come within the scope of the exemption. The difficulty with this
> argument is that it could equally be made for advertising and
> marketing cookies (whose activities help to fund websites). The
> intention of the legislation was clearly that this exemption is a
> narrow one and the Commissioner intends to continue to take the
> approach he has outlined clearly in published guidance since the 2003
> Regulations were introduced."
>
> I find it difficult to believe that it's impossible for legal minds to
> come up with a definition that allows for 'Cookies used for analytical
> purposes to count the number of unique visits to a website for
> example' and excludes 'First and third party advertising cookies'.
>
> However, for now, the document says 'A first party analytic cookie
> might not appear to be as intrusive as others that might track a user
> across multiple sites but you still need consent'. And later,
> 'Although the Information Commissioner cannot completely exclude the
> possibility of formal action in any area, it is highly unlikely that
> priority for any formal action would be given to focusing on uses of
> cookies where there is a low level of intrusiveness and risk of harm
> to individuals'.
>
> (While I'm here, 'valid, well informed consent' is surely far beyond
> the scope of any one website - if you've ever talked someone through
> modifying their cookies settings you'll know it's often not a
> straightforward conversation and the consequences of changing 1st and
> 3rd party cookie settings can be unpredictable. However, unless things
> change before May 2012 (the end of the 12 month lead-in period),
> museums will presumably have to manage it.)
>
> The document discusses browser settings as one solution, though for
> now 'relying solely on browser settings will not be sufficient'.
>
> Cheers, Mia
>
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