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I agree, although the regulation and the guidance isnt very well worded I understand the aim behind it was to inform consumers about this information and what it is used for. At the end of the day the information cookies are used to collect does identify that person and what they do / do not do in the 'online world'. Unfortunatley like most things it has got caught up in a confusing regulation and beurocracy and so the message appears to have gotten lost. If you ask the average Joe in the public they still think cookies are of the home baked variety...

 

Most of the people & organisations I've come into contact with don't really see the cookie law as the "major issue" that the ICO and the EU made it out to be. They are complying as best they can but seem to be waiting for someone to come under fire from the ICO before they take any real position on it. Once an organisation (public or private sector) is named and shamed I suspect it may become clearer as to what the ICOs position on this actually is and what the true imapct of non compliance will be. Personally, I'm not convinced that the ICO will issue any sort of formal action against anyone. Only if someone was deliberatly choosing to circumvent the regulation and processing some sensitive or mass amounts of personal data would anyone hit a CMP threshold? I haven't seen any updated guidance from the ICO on his procedures and thresholds for issuing Civil Monetary Penalties unless I've missed it? (If someone could send me a copy if I have, it would be appreciated).

 

As a side note and related to the matter of consumer choices and information, has anyone seen the consultation that came out from the Dept of Business, Innovation & Skills? They are /were proposing to make a statutory power that information about consumer behaviour and preferences (much wider than just SAR information) is released under request by the consumer it concerned. An extension to SAR if you will. This serves "consumer rights" and knowledge far better than the cookie regulations in my opinion. Consumer information should be about what is collected and what that means for you or says about you as a consumer not confusiing a consumer with technical knowledge about how it is done. Unless they want to know how it is of course.

 

Kind regards,

Scott Sammons

 

On 28 September 2012 11:57, Sandeep Das <[log in to unmask]> wrote:

I second Paul and this is exactly what I was hinting towards about educating consumers about how their online behaviour data is used

Sandeep Das | Consumer & Shopper Insights (CSI) Specialist
McKinsey & Company | 1 Jermyn Street | London SW1Y 4UH | United Kingdom




From:        Paul Ticher <[log in to unmask]>
To:        [log in to unmask]
Date:        28/09/2012 11:49
Subject:        Re: [data-protection] Friday food for thought - Cookies
Sent by:        This list is for those interested in Data Protection issues <[log in to unmask]>

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I don't disagree with any of the other responses.  What I find interesting
is that so far I cannot recall a single instance of the pop-up saying "and
by the way, we also place third party tracking cookies in order to monitor
your behaviour".

I suspect that many of the sites do place third party cookies, and may even
own up to that in the 'further information' privacy notice.  In that case,
it's not the cookie law that is deficient, but the wording of the FPN,
because it is not alerting people to information that might actually make a
difference to their decision.


Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB

For continuous priority support on Data Protection, sign up to my support
service:
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----- Original Message -----
From: "Simon Howarth" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, September 28, 2012 11:15 AM
Subject: Friday food for thought - Cookies


> Following the introduction of the "Cookie laws" and the increasing number
> of
> websites that are now complying by putting up Cookie notices at the top of
> their pages that stay there until acknowledged (ICO being one), has anyone
> any views on whether or not this has created a safer, more secure
> environment for us to play in or has it in fact simply created an
> inconvenience for 99% of the population?
>
> For the record I fall in the inconvenience category.
>
>
>
> I surf the web a significant amount for work and in my spare time. Not
> once
> I have I come across an instance where I have thought "thank goodness for
> the cookie laws".
>
>
>
> Or am I missing something?
>
>
>
> Simon Howarth MBCS CITP
>
>
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