The Information Commissioners Office

Off-Topic
1

In the UK we have many government departments and quangos which all run inefficiently and cost the public purse lots of money. One of these great establishments is the Information Commissioners Office (ICO) with whom you must register if you collect/process personal information. The ICO also issue guidance on the European Cookie Law, a mechanism put in place in the super large inefficient establishment called the European Union which also costs the public purse lots of money.

So my point is, as a host of a website, I decided it was time to revisit the EU Cookie policy to ensure I am happy that I comply with the legislation within the policy. To get some information, I carried out a Google search for “EU Cookie Policy” and landed upon the ICO site at the following page:

http://ico.org.uk/for_organisations/privacy_and_electronic_communications/the_guide/cookies

Because I have not been to the ICO website before, I got the banner at the bottom of the page stating

“We have placed cookies on your computer to help make this website better. You can change your cookie settings at any time. Otherwise, we’ll assume you’re OK to continue.”

So what this says is, the ICO have already set cookies on my computer, and that if I’m not happy with this I can change my cookie settings, if not they will assume I am OK with it. I checked and low and behold, the ICO had set 13 cookies on my machine. So what can I do, well either panic and delete them or just ignore them and carry on, I don’t need to do anything because by carrying on I am implying that I consent, also known in the legal business as, well, very simply implied consent. Right, very well but, the ICO guidance on cookies states that:

Cookies or similar devices must not be used unless the subscriber or user of the relevant terminal equipment:
(a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and
(b) has given his or her consent.

Ok, so I can click on a link at the bottom of the page and I am sent to a page explaining what the cookies are and how to delete them and not set them again. The concern is that the above guidance from ICO clearly states Cookies or similar devices must not be used unless… So, my concern is, from the ICO’s own guidance I have not, up to the point the cookies were set, been provided with provided with clear and comprehensive information about the purposes of the storage of, or access to, that information or nor have I given consent. Consent is only implied by continued use of the site, therefore by arriving at the site I have not continued to use it, I have arrived at it therefor this is not implying consent, therefore, consent was not given and 13 cookies were set.

You try, go to a website hosted by a European member state and before you do anything else see if they have set cookies on your arrival, I bet they have. Then read the guidance again:

Cookies or similar devices must not be used unless the subscriber or user of the relevant terminal equipment:
(a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and
(b) has given his or her consent.

Were you provided with clear and comprehensive information and did you give your consent whether implied or otherwise before those cookies were set? I bet you weren’t and didn’t…

The rule makers break the rules

2

Error 101 No keyboard found: Push enter to continue, esc to quit.

3

In their defense, it’s only because the rules are meant for the peons, not the enlightened ruling class.

4

Thank you for introducing me to a new word - peon.

5

We shall see. I will be reporting the ICO to the ICO. Watch this space

6

In the US, under the current administration, that might earn you a tax audit.

7

“Help, help! I’m being repressed!”

I look forward to reading the ICO’s response.

8

Just remember to stand back, lest you be sucked into the Infinite Loop.

9

Oh, great. Another black hole just opened up.

10

Well, the Democrats will send the tax inspectors (it worked for Al Capone, after all).

The Republicans will send the CIA hit squat (although if the tea party has its say they’ll just send a B52 and level the whole neighbourhood)

So as usual your choice is to be either

a) quiet
b) poor
c) dead

So vote accordingly :wink:

11

[quote=143451:@Markus Winter]Well, the Democrats will send the tax inspectors (it worked for Al Capone, after all).

The Republicans will send the CIA hit squat (although if the tea party has its say they’ll just send a B52 and level the whole neighbourhood)

So as usual your choice is to be either

a) quiet
b) poor
c) dead

So vote accordingly ;-)[/quote]

HA - the gridlock in both houses will result in nothing happening until they decide to break for Christmas - about Nov 23 and then nothing will happen once they resume after the “christmas break” sometime in June.

Just in time to vote for the summer break :stuck_out_tongue:

12

The ICO cookies guidance pdf there includes this paragraph…

“The Information Commissioner does however recognise that currently many websites set cookies as soon as a user accesses the site. This makes obtaining consent before the cookie is set difficult. Wherever possible the setting of cookies should be delayed until users have had the opportunity to understand what cookies are being used and make their choice. Where this is not possible at present websites should be able to demonstrate that they are doing as much as possible to reduce the amount of time before the user receives information about cookies and is provided with options. A key point here is ensuring that the information you provide is not just clear and comprehensive but also readily available.”

So I think that’s what the bottom We have placed cookies on your computer banner is satisfying. Really though, in my experience (as a yankee), law/regulations are not written for the public and you need a lawyer to have a chance at proper interpretation.