My take on that part of the ICO "guidance" is that they are perfectly correct. The threshold for monetary penalties is set so high ("serious contravention", "likely to cause substantial damage or substantial distress", with knowledge and failure to take reasonable steps) that in the cookie context, you can't (at least, I can't!) even begin to imagine scenarios where MPNs become relevant.
Renzo
Renzo Marchini
Counsel
Dechert LLP
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-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 28 May 2012 12:49
To: [log in to unmask]
Subject: Re: [data-protection] Cookie Law
I think the ICO may be trying to approach this softly softly. Given the outright banditry operating on the darker edges of the electronic frontier, I can certainly see where this could lead to an MPN.
Imagine the worst Data Processing mistakes on an individual basis and then compound that over hundreds or thousands of users who visit a site. Imagine the cookies being used to harvest personal information to be sold without consent or authorisation.
I routinely come across sites with 15-20 tracker cookies. Are all of those benign analytics or are they tracking and tracing a lot more personal information than I would have wanted to consent to had I known?
I avoid these, usually, with blocking programmes and other counter measures. However, the average person is less likely to even know about these. Moreover, this assumes I am aware of the deeper cookies embedded within software or programmes.
I would say, give it time and we will seen an MPN. Too many variables that can contribute to an MPN are intersecting in this area.
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ian Griffiths
Sent: 27 May 2012 13:57
To: [log in to unmask]
Subject: Re: [data-protection] Cookie Law
From the video -
"It's difficult to imagine that non-compliance with the cookies rule is ever going to trigger a situation in which we would be able to issue monetary penalty".
So a stern letter first then, if at all.
Ian
----- Original Message -----
From: "Baines, Jonathan" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, May 25, 2012 1:11 PM
Subject: Re: [data-protection] Cookie Law
Your alerts may not have picked this up yet (uploaded today)!
http://www.ico.gov.uk/news/blog/2012/updated-ico-advice-guidance-e-privacy-directive-eu-cookie-law.aspx
Jonathan Baines
Complaints and Information Rights Officer
Legal and Democratic Services
Buckinghamshire County Council
Ground Floor, New County Offices
tel: 01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Moore, Craig
Sent: Friday 25 May 2012 12:58
To: [log in to unmask]
Subject: Re: [data-protection] Cookie Law
I have been monitoring Google alerts for cookies AND ico for the last few
weeks. The picture I have built up is that the ICO really have not provided
leadership and guidance in this space. Causing a lot of unnecessary anxiety.
I definitely think there is a 'lesson learned' there for the ICO.
Best wishes.
Craig Alexander Moore
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Brenda Scourfield
Sent: 25 May 2012 12:44
To: [log in to unmask]
Subject: [data-protection] Cookie Law
http://www.bbc.co.uk/news/technology-18194235
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