Live data from Hacker News

Web Analytics Illegal in UK after 26 May? Crazy

h30565.www3.hp.com

21–30 of 104 posts

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

#21

Wouldn't this be easier if browser companies blocked all cookies by default. Users wanting cookies turn of blocker? A lot less browsers than websites?

You can set your browser to do that; but making it the default will make too may sites unsable (e.g sites with shopping carts, banking sites etc.)

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

#23
post #19
post #17

Earlier quoted context omitted.

This isn't about third party cookies, it's about cookies period - with the exceptions listed in the article. If you use your own analytics package, the chances are it will use cookies, so user permission will still be required. Log parsing isn't sufficient to get user-based statistics.

You can get user-based statistics without cookies with: (new Image()).src="http://your.tld/track.png?ua=" + encodeURIComponent(navigator.userAgent); and then parse your logs. Update: this is just an example, as ars notes the user agent is sent as a HTTP header. But screen resolution etc is not.

???

How does this help? The UserAgent is already sent in the headers - what's the point in sending it in a query string?

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

#24
post #13

Who is forcing users to go to a website? I consider a website the same as someone's house. While I'm interacting with their server its obvious they'll want to know what I'm doing. Its tracking people outside of a website's scope that should be allowed only with consent, such as facebook tracking people when they go to sites with a like button and so on

A site is much more like a shop - private property, but a public place, and therefore it has legal restrictions if you want it open to the public.

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

#25
post #6

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 opt in than opt out .

[deleted]

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

#27
post #8

Earlier quoted context omitted.

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.

What you're suggesting sounds like a dark pattern to me.

He's joking.

But like all good jokes there's an element of truth since I suspect that's exactly what some websites will do.

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

#28
The most likely impact it will have is that it will drive more advertisers to closed platforms like Facebook where gaining consent will be easier. That's not to say Facebook won't be impacted, given that they won't be able to passively collect analytics using the Facebook like button on sites.

In terms of workarounds, here are a couple that I have found:

* Don't be a UK based company

While non UK companies are encouraged to respect these guidelines, they are not required to do so. From the guidelines:

"An organisation based in the UK is likely to be subject to the requirements of the Regulations even if their website is technically hosted overseas. Organisations based outside of Europe with websites designed for the European market, or providing products or services to customers in Europe, should consider that their users in the UK and Europe will clearly expect information and choices about cookies to be provided."

Anyone care to guess what happens if a US company has a US based website but also a based UK presence?

* Get the 3rd party to get the consent. The following wording says that if the 3rd party cookie provider has gained consent from the user, it's the website will not also need to. As in:

"The key point is not who obtains the consent but that valid, well informed consent is obtained."

i.e. Facebook may only have to gain consent for it's Like button once for any particular user, same for Google analytics etc.

This is going to be bad for a whole bunch of folk:

* Display advertisers

* Sites that need analytics

* Sites that use 3rd party widgets that require state and those 3rd party providers (discus, Facebook like buttons, etc.)

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

#29

Wouldn't it be better to mandate that sites honor the Do Not Track* HTTP header, rather than require each site to explicitly seek user consent? * http://dnt.mozilla.org/

DNT is not implemented in most browsers, and it's not the default policy in any, AFAIK. It'd hardly have the same effect.

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

#30
post #17

Earlier quoted context omitted.

This isn't about third party cookies, it's about cookies period - with the exceptions listed in the article. If you use your own analytics package, the chances are it will use cookies, so user permission will still be required. Log parsing isn't sufficient to get user-based statistics.

Yes, but they also say "we are highly unlikely to prioritise first party cookies used only for analytical purposes in any consideration of regulatory action." So in theory all cookies are the same, in practice they're not - first party analytical cookies are mostly safe.

The law is the law as it's written and then as it's reflected in court decisions. We can't choose to do what is defined as illegal just because a FAQ says "we probably won't come after you". That's a risk that many businesses can't afford to take. It's a poorly written law, and as is often the case in laws as knee-jerk reactions to tech changes, throws the baby out with the bathwater. I do think this law shows that we need better tracking mechanisms to meet the needs and expectations of the site owners and the site users, but it shows us by trying to destroy instead of trying to help guide.
Post reply on HN