I've been looking in more detail at the ICO guidelines.
They're here (PDF): http://bit.ly/tm5fv3
On page 3, there's this:
"The exception would not apply, for example, just because you have decided that your website is more attractive if you remember users’ preferences or if you decide to use a cookie to collect statistical information about the use of your website."
...So it seems that the use of cookies within statistical packages like Google Analytics isn't an acceptable exception.
On the other hand, the actual "what is the penalty" section says this:
"...if the ICO were to receive a complaint about a website, we would expect an organisation’s response to set out how they have considered the points above and that they have a realistic plan to achieve compliance"
- in other words this isn't an immediate problem which need kneejerk responses. What this basically says (my reading, anyway!) is - "have a plan just in case the extremely unlikely moment happens when someone complains".
Nonetheless, I'd welcome some kind of unified response. Log files nearly killed me once :-)
cheers
Mike
ps. the irony - as someone pointed out on Twitter this morning - is that you need to place a cookie in order to check to see if you've asked whether that person has said ok to cookies. Infinite, endless, impossible cats...
_____________________________
Mike Ellis
We do nice web stuff: http://thirty8.co.uk (http://thirty8.co.uk/)
** I've written a book: http://heritageweb.co.uk (http://heritageweb.co.uk/) **
On Tuesday, 13 December 2011 at 12:29, Jane Finnis wrote:
> I can't help feeling that this is exactly the right approach to take
> (Mia's comments below).
>
> GA is clearly an essential tool in measuring, understanding and
> analysing the value of cultural sector sites and the public money spent
> on them. Vital to develop strategies for future investment and
> strategies for audiences development.
>
> I suggest that as a sector we need to endorse the recommendations in the
> Lets Get Real report, then we have a strong case to make this argument
> as the report states we need to all use GA and apply the same audience
> segmentation.
>
> When I say 'as a sector', of course this means ACE, HLF et al - which
> were funders of the report so it would be easy a natural step for them
> to endorse and ask for all organisations to use GA in their reporting to
> them, thus closing the argument and confirming the essential nature of
> GA.
>
> I suggest that Jon P. follow up this approach with ACE and we all stay
> firm and say "GA is essential to my website as it is a requirement of
> our funding".
>
> This should at least gather considerable momentum and other funders may
> feel able to follow suit.
>
> Jane
>
>
> -----Original Message-----
> From: Museums Computer Group [mailto:[log in to unmask]] On Behalf Of
> Mia
> Sent: 12 December 2011 16:45
> To: [log in to unmask] (mailto:[log in to unmask])
> Subject: Re: What's everyone doing to avoid breaching the "Cookie law"
>
> On 12 December 2011 16:21, Mike Ellis <[log in to unmask] (mailto:[log in to unmask])> wrote:
>
> > A couple of people on Twitter made the good point following this post
> > that the law actually allows cookies that are "essential for the site
> > to operate". Even ICO does this with some of their cookies -
> > http://www.ico.gov.uk/news/current_topics/new_pecr_rules.aspx. I'd
> > probably argue that good analytics is essential for any site to
> > operate
> >
>
>
> That's how I'd taken it, though I am not lawyer and I also don't work
> for a museum now so I only have to worry about blogs and pilot research
> projects.
>
> Perhaps a statement from the MCG saying 'x% of museums in the UK are
> going to work with this definition' would be useful? (Any volunteers to
> work on the survey?)
>
> Cheers, Mia
>
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