not really. It merely means that if you want to set cookies and advertise this in some way (whether to get people to opt in to using them or to warn them that you're using them and let them know they can opt out), well, those that have chosen to opt out will have to put up with that notification everywhere they go.
However...there is at least one way to effectively "know" that people have opted out without contradicting the regulations, which is to inspect whether they have any of your cookies set already. If they don't then IF they have been referred by another page on your site you can assume that they don't want them set on the current page either. So if you make a page or a URL that unsets cookies, on every page that the user goes to from there on (as long they do it by clicking through, so that the referrer is your site) you can assume that they have expressed a preference against cookies.
But personally I think the browser settings approach is preferable to using this implicit method because it will encourage people to make a decision based on their overall attitudes to cookies, not just on your site, and it's probably a good thing to leave just enough barriers to them opting out that they consider it carefully. Also browser settings works regardless of referrers and across visits etc. Plus from the site owner's side it is a tricky business to switch certain cookies off, and some might slip through the net, whereas browser controls will stop any such mistakes.
So whilst I think the regulations are a pain and miss the bigger picture (i.e. that the site owners who would actually do dubious things with the info held in cookies aren't going to give a toss for the regs), I don't think they're actually unworkable. They're merely of dubious benefit and provide unnecessary ammunition to people that already hate Europe and love another excuse to whinge about it.
Cheers, Jeremy
Jeremy Ottevanger
Technical Web Manager
Imperial War Museum
Lambeth Road
London SE1 6HZ
-----Original Message-----
From: Museums Computer Group [mailto:[log in to unmask]] On Behalf Of John Benfield
Sent: 14 March 2012 11:39
To: [log in to unmask]
Subject: Re: [MCG] Cookies legislation: what are you doing? [Scanned]
My head hurts.
You are of course right and it does make a mockery of the whole concept.
I assume then that the ICO site has modified its cookie header to be
opt-in?
John
-----Original Message-----
From: Museums Computer Group [mailto:[log in to unmask]] On Behalf Of
Tony Crockford
Sent: 14 March 2012 11:15
To: [log in to unmask]
Subject: Re: [MCG] Cookies legislation: what are you doing? [Scanned]
On 14 Mar 2012, at 11:11, John Benfield wrote:
>
> Cookie Control looks quite useful, but to me appears flawed because I
> can't choose opt-out vs opt-in - unless I am missing something?
Isn't that where the law falls over?
In order for you to record the fact that you wish to opt out of cookies
some form of tracking has to be used, which is contra to the law, so you
can't *ever* record an opt-out, only an opt-in.
unless I am missing something?
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