Cookies - my mullings...

Jane is right.
The law is yet to be clarified about this change, but the argument should be that this sort of anonymous first person cookie-based data gathering should be allowed under this legislation, so long as people can opt-out easily, and the reasons why they might wish to are clear to them and reasonably easy to find. 

Agreeing a common way to displaying cookie info on all cultural sites might be worth considering as a practical way forward.

There is some precedent here as well in the (now quite old) electronic communications directive that applies a similar restriction to email. That explicitly says people must opt-in to email and other notifications. The in-practise enforcement of this has been a tolerance of opt-out type arrangements where reasonable and open approach is offered to users (as it should be). 

Consider the most common example where organisations gather emails. So long as they provide users with honest information about what this means, and give a clear means to opt out at the time, AND later if desired, then this has been seen as effectively the same as having an opt-in approach.

In cookie terms, having a clear statement about the use of cookies and an easy to find preference setting to opt is an honest and balanced argument to put forward. Cookies have benefits for users too so a greater exposure of these benefits will help users make a balanced choice too.


If the use of cookies for analytics dies turn out to be reduced significantly by an over the top restriction on how they can be applied and used, then it will have 2 effects. 

Firstly, we will be back to server logs, which are just not as agile for tracking and have internal IT overheads. 

Secondly, for our Marketing colleagues, the lack of user data captured by cookies will mean that targeted marketing that is based on it will be greatly reduced. This may mean a greater reliance on search engine optimisation which may affect our ranking as other wealthier organisations spend more on it, and probably a higher cost for anyone wishing to use pay per click.  


Andrew


Andrew Lewis
Senior Web Content Manager
Online Museum
Victoria and Albert Museum
South Kensington
London SW7 2RL

020 7942 2373
[log in to unmask] 
www.vam.ac.uk 



>>> MCG automatic digest system <[log in to unmask]> 25/01/2012 00:02 >>>
There are 6 messages totaling 1244 lines in this issue.

Topics of the day:

  1. Cookies legislation: what are you doing? [Scanned]
  2. Cookies legislation: what are you doing? (3)
  3. Fwd: CfP - Wikimania 2012
  4. UGC - MA Proposal ????

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Date:    Tue, 24 Jan 2012 09:48:56 -0000
From:    John Benfield <[log in to unmask]>
Subject: Re: Cookies legislation: what are you doing? [Scanned]

And don't forget the national arts sector as well. 

I think we need to organise a joint letter from the heads of cultural sector organisations to DCMS and ACE outlining how detrimental this change to the law will be to our ability to do business, and asking them to lobby govt on our behalf. 

John Benfield



-----Original Message-----
From: Museums Computer Group [mailto:[log in to unmask]] On Behalf Of J DAVIS
Sent: 23 January 2012 19:03
To: [log in to unmask] 
Subject: Re: [MCG] Cookies legislation: what are you doing? [Scanned]

I agree with Mike. 
And if I were responsible for a national museum website (which, of course, I'm not), I'd also want to talk to the other national cultural institutions because naturally it will also affect them.

I'm sure that those people who are responsible for national cultural institutions' websites have also thought about having a chat with Google regarding the issue.

Janet

Janet E Davis



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Date:    Tue, 24 Jan 2012 11:05:38 -0000
From:    Jane Finnis <[log in to unmask]>
Subject: Re: Cookies legislation: what are you doing?

Hi everyone, 

I have been following this with interest and also taking directly with
Google about it. They are in the process of their own lobbying and
looking to find a solution that would work better for us. We are not the
only sector with concerns about this. 

Meanwhile, I think Mike is right, it seems wise to formulate a letter to
ACE and DCMS that sets up clearly why GA is necessary in
tracking/understanding online activities and illustrating value for
public money. 

I will draft something as Culture24 in the next week and then share with
the list (and other places) to seek signatures.  I have spoken briefly
with Matthew Cock at the BM and he is willing to help on this too. 

If you or your organisation would like to be involved *now* and help to
draft the letter, spread the word and solicit signatures then contact me
off list [log in to unmask] 

Thanks Jane



-----Original Message-----
From: Museums Computer Group [mailto:[log in to unmask]] On Behalf Of
Mike Ellis
Sent: 23 January 2012 17:46
To: [log in to unmask] 
Subject: Re: Cookies legislation: what are you doing?

Hi all

I know I no longer look after a museum site..

...but to me the dangerous thing would be for everyone to assume that
the law is going to go through and remove GA pre-emptively.

The previous email I sent (http://bit.ly/zPSjP9) points to a bit in the
ICO guidance which distinguishes between the "in theory" and "in
practice" scenarios. In pretty plain language, they say presenting to
users why cookies are useful and "taking what steps you can to seek
their agreement" is an ok approach. They then follow this with "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.".

Given most people I speak to seem to think that it is unlikely that this
law will hold up once / if it actually launches, I'd suggest it would be
better to have a contingency plan which remains on the backburner in
case it does, rather than turning off GA in advance.

Again though, I'd really like it if someone - a group of influential
(national) museums ** COUGH, BM et al, COUGH ** got a co-signed missive
off to DCMS and ICO pointing out that user web analytics are one of the
most valuable things the sector has, especially given DCMS still (I
assume) asks for these same metrics in order to help determine funding
allocation... We're unlikely to get 100,000 signatures on an e-petition,
obviously, but something from all the digital heads of museums across
the country would presumably have some sway..?

cheers

Mike  


_____________________________


Mike Ellis  
______________________________________________________________________

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