Web Analytics Illegal in UK after 26 May? Crazy

#1

Post by richij » Fri, Apr 20, 2012, 9:37 AM UTC

Web Analytics Illegal in UK after 26 May? Crazy
h30565.www3.hp.com

Re: Web Analytics Illegal in UK after 26 May? Crazy

#2

Post by Nikkau » Fri, Apr 20, 2012, 10:16 AM UTC

Question : how do you remembers that users say no without cookie?

Re: Web Analytics Illegal in UK after 26 May? Crazy

#3

Post by mapleoin » Fri, Apr 20, 2012, 10:30 AM UTC

Nikkau wrote: post #2

Question : how do you remembers that users say no without cookie?

I think the assumption is that you don't do any tracking by default and then the first cookie you set is to allow you to set other cookies in the future.

The ICO would have website owners pop up a box to new users asking them to give consent to using cookies.

Re: Web Analytics Illegal in UK after 26 May? Crazy

#4

Post by robin_reala » Fri, Apr 20, 2012, 10:31 AM UTC

Nikkau wrote: post #2

Question : how do you remembers that users say no without cookie?

The current best-practise guidance[1] suggests that you split your cookies up into 4 types: essential, performance, functionality and tracking. All types should be selectable, but the first three could be opt-out by default as long as you display a notice. Only tracking cookies need be opt-in, and I’m fine with that.

BT have a nice implementation of this, or at least would have if they’d turned off tracking cookies by default (hah). I assume that their code flexible enough that they can do this on the deadline. Look at the bottom right of http://www.bt.com/ (or any page on the same domain).

[1] http://www.international-chamber.co.uk/components/com_wordpr...

Re: Web Analytics Illegal in UK after 26 May? Crazy

#5

Post by toyg » Fri, Apr 20, 2012, 10:31 AM UTC

Nikkau wrote: post #2

Question : how do you remembers that users say no without cookie?

After you log them on, you can set a cookie for session management (it's allowed) and use that to remember a preference stored in your db (which you can get by default on registration).

If you can't log them on, well... I guess you should try to guess their country, and if it's UK, you don't track.

This is another case of well-intentioned but probably unenforceable legislation by our detached European elites.

Re: Web Analytics Illegal in UK after 26 May? Crazy

#6

Post by mapleoin » Fri, Apr 20, 2012, 10:32 AM UTC

Disregarding the implementation details (which will probably evolve and adapt if this ever gets mandatory) I think it's a totally sensible thing as far as the user is concerned. I have the right to know how the information I send you is being used. If you'd like to track me, I'd rather have to optin than optout.

Re: Web Analytics Illegal in UK after 26 May? Crazy

#7

Post by jgrahamc » Fri, Apr 20, 2012, 10:32 AM UTC

If you read right to the end of the actual guidance from the ICO it says:

---

We only use analytical cookies – if nobody consents that will seriously restrict the amount of information we can get to improve and develop our website

The Regulations do not distinguish between cookies used for analytical activities and those used for other purposes. We do not consider analytical cookies fall within the ‘strictly necessary’ exception criteria. This means in theory websites need to tell people about analytical cookies and gain their consent.

In practice we would expect you to provide clear information to users about analytical cookies and take what steps you can to seek their agreement. This is likely to involve making the argument to show users why these cookies are useful. Although the Information Commissioner cannot completely exclude the possibility of formal action in any area, it is highly unlikely that priority for any formal action would be given to focusing on uses of cookies where there is a low level of intrusiveness and risk of harm to individuals. 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.

---

My interpretation of that is: tell your web site users clearly what you do with analytics and why and we are very unlikely to bother coming after you.

Re: Web Analytics Illegal in UK after 26 May? Crazy

#8

Post by dalore » Fri, Apr 20, 2012, 10:33 AM UTC

Nikkau wrote: post #2

Question : how do you remembers that users say no without cookie?

You remember the ones who say yes. As for the ones who say no, you ask them every time until they say yes. So I guess the system works.

Re: Web Analytics Illegal in UK after 26 May? Crazy

#9

Post by _delirium » Fri, Apr 20, 2012, 10:36 AM UTC

The title is a little overly broad; as far as I can tell the only part of analytics that'll be impacted is setting cookies solely for tracking purposes. Lots of other kinds of web analytics will be fine. For example, you can do statistical analysis of your Apache logs, or of other cookies that you set in the regular course of operating the webapp.

Re: Web Analytics Illegal in UK after 26 May? Crazy

#10

Post by toyg » Fri, Apr 20, 2012, 10:37 AM UTC

jgrahamc wrote: post #7

If you read right to the end of the actual guidance from the ICO it says: --- We only use analytical cookies – if nobody consents that will seriously restrict the amount of information we can get to improve and develop our website The Regulations do not distinguish between cookies used for analytical activities and those used for other purposes. We do not consider analytical cookies fall within the ‘strictly necessar…

Translation: we don't want to sue you, this law is to go after Facebook and Google.