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Web Analytics Illegal in UK after 26 May? Crazy

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

#81
post #30

Earlier quoted context omitted.

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 w…

> The law is the law as it's written and then as it's reflected in court decisions.

That may not be as true as you think.

I don't really know how the modern UK legal system works in this regard, but in the US, the courts would A) defer to the interpretation of the agency (in this case the ICO) as to what a statute means, and B) greatly frown on any attempt to prosecute without warning people who reasonably relied on the agency's declarations.

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

#82
These four documents appear to be the main source material. I have extracted a few bits I found interesting.

Information Commisisoner's Office - Enforcing the revised Privacy and Electronic Communications Regulations (PECR) of 25/5/2011 http://www.ico.gov.uk/~/media/documents/library/Privacy_and_...

Information Commissioner's - Office Guidance on the rules on the use of cookies and similar technologies of 13th December 2001: http://www.ico.gov.uk/news/latest_news/2011/%7E/media/docume...

"Check what type of cookies you use and how you use them"

"If the information collected about website use is passed to a third party you should make this absolutely clear to the user. You should review what this third party does with the information about your website visitors. You should tell people what you are collecting and how you are using this information."

"Even where the clear cookie rules do not apply you must consider the DPA [Data Protection Act] whenever you are collecting information that builds up a picture that could allow you to identify an individual."

"... the Commissioner is therefore unlikely to prioritize, for example, first party cookies used for analytical purposes and cookies that support the accessibility of sites and services, in any consideration of regulatory action."

"... we would expect you to provide clear information to users about analytical cookies and take what steps you can to seek their agreement."

Directive 2002/58/EC of the European Parliament of 12 July 2002: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:...

"(25) However, such devices, for instance so-called "cookies", can be a legitimate and useful tool, for example, in analysing the effectiveness of website design and advertising, and in verifying the identity of users engaged in on-line transactions. Where such devices, for instance cookies, are intended for a legitimate purpose, such as to facilitate the provision of information society services, their use should be allowed on condition that users are provided with clear and precise information in accordance with Directive 95/46/EC about the purposes of cookies or similar devices so as to ensure that users are made aware of information being placed on the terminal equipment they are using. Users should have the opportunity to refuse to have a cookie or similar device stored on their terminal equipment. This is particularly important where users other than the original user have access to the terminal equipment and thereby to any data containing privacy-sensitive information stored on such equipment. Information and the right to refuse may be offered once for the use of various devices to be installed on the user's terminal equipment during the same connection and also covering any further use that may be made of those devices during subsequent connections. The methods for giving information, offering a right to refuse or requesting consent should be made as user-friendly as possible. Access to specific website content may still be made conditional on the well-informed acceptance of a cookie or similar device, if it is used for a legitimate purpose."

Directive 2009/136/EC of the European Parliament of 25 November 2009: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2...

"(66) Third parties may wish to store information on the equipment of a user, or gain access to information already stored, for a number of purposes, ranging from the legitimate (such as certain types of cookies) to those involving unwarranted intrusion into the private sphere (such as spyware or viruses). It is therefore of paramount importance that users be provided with clear and comprehensive information when engaging in any activity which could result in such storage or gaining of access. The methods of providing information and offering the right to refuse should be as user-friendly as possible. Exceptions to the obligation to provide information and offer the right to refuse should be limited to those situations where the technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user. Where it is technically possible and effective, in accordance with the relevant provisions of Directive 95/46/EC, the user’s consent to processing may be expressed by using the appropriate settings of a browser or other application. The enforcement of these requirements should be made more effective by way of enhanced powers granted to the relevant national authorities."

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

#83
post #10

Earlier quoted context omitted.

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

If shopping cart-type cookies are excluded, then I'd say this law favors FB et al.

How so? From what I understand, these regulations make the Like button illegal -- I believe that was the main target of this legislation, together with similar efforts from Google aimed at tracking users across websites.

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

#84
post #83

Earlier quoted context omitted.

If shopping cart-type cookies are excluded, then I'd say this law favors FB et al.

How so? From what I understand, these regulations make the Like button illegal -- I believe that was the main target of this legislation, together with similar efforts from Google aimed at tracking users across websites.

So then it's not so simple. Some commerce wins, some lose.

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

#85
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…

> it is highly unlikely that priority for any formal action

In other words, don't piss us off or we'll use this to screw you.

You may trust the current administration to leave you alone on this but they won't be in office forever.

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

#86
post #10
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.

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

Actually, it's to go after anyone they don't like. I suspect that Facebook and Google are better equiped to handle "go after" than you are.

No, they may not want to go after you today, mostly because they probably don't know that you exist but get their attention and things may change.

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

#87
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.

Even if that argument holds, and I want to analyze which sections of my shop or store are frequently visited, how often users buy goods, and effects of various changes that I make, I don't see why that should be illegal except in cases where I actually ask permission from every customer who walks into my shop.

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

#88
post #65

The site focuses on the UK implementation of the law, but unfortunately the directive is EU wide and individual member states are hence supposed to put it into law, too. I say supposed because as in typical EU style, the member states are lagging, or doing their own thing. http://www.dlapiper.com/files/Uploads/Documents/DLA_Piper%20... Who are screwed: Austria, Latvia, Lithuania, Sweden and the UK. The actual law say…

As some one who works on major sites having analytics is a strictly needed cookie - other wise how do we optimise the site and if we can't do that in a cost efective manner and the site loses trafic we have to make peopel redundant - and my employer has done that in both the USA and the UK

Are you going to ban in store CCTV and Footfall analysis next?

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

#89

Earlier quoted context omitted.

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.

Even if that argument holds, and I want to analyze which sections of my shop or store are frequently visited, how often users buy goods, and effects of various changes that I make, I don't see why that should be illegal except in cases where I actually ask permission from every customer who walks into my shop.

And shops do his there is an entire specialisation in market reaserch in doing footfall analysis ie where people walk in shops why do you think they know to put sweets next to the checkout in supermarkets.

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

#90

Earlier quoted context omitted.

I am currently a webmaster (and I don't know if that's still used either, doesn't feel like it), and this is going to be a huge pain in the arse. The main reason it is a pain is the vagueness of the legislation, nobody has any idea what they can and can't do. Sure we can follow the ICO and put a pop-up on the site asking to accept cookies or not (which if you select 'not' ironically creates a cookie), but as other pe…

On the ICO's site ( http://www.ico.gov.uk ) there is no "don't accept cookies" option. You can only select "accept" or not interact with the form at all. If you don't accept cookies then the form is shown at the top of every page.

I stand corrected, sorry about that, originally it did, which was the cause of much amusement for a while. Obviously they fixed it.
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