When Written: Feb 2013
The ICO change the way their site informs users about cookies
What happened in reality is that most web sites could not comply with the law as it was initially drafted as this would have precluded the use of tracking cookies use by web analytics as well as the advertising engines both of which are very necessary to the monetising of most web sites and consequentially also key to the site’s survival. It is not unusual for the government to totally misunderstand the internet and its technology; quite what their advisors are thinking sometimes amazes us who work in this field. However, in the case of this legislation a last-minute change in the guidance documents allowed for ‘implied consent’ where a visitor to a web site would be implying that they are happy for certain cookies to be placed on their browser rather than being presented with an acceptance box on first visiting the web site.
Obviously such prompts would have been intrusive and irritating and many webmasters did not want to go down this route, and so this was a welcome change around. This new guidance document released within days of the law coming into effect meant that web sites could explain how they used cookies in their terms and conditions as long it was clearly done. In an interesting development at the end of January this year the Information Commissioner’s Office which is responsible for policing and monitoring this legislation changed the way their own web site informed users about any cookies that their website uses. http://www.ico.gov.uk/news/current_topics/changes-to-cookies-on-our-website.aspx
The reason for this is to “… help us collect reliable information to make our website better,” the ICO’s web site goes on to say “Cookies are used mainly to give us information that helps us make the website better. By finding out how people use the website, we can make improvements that will help more people get the important information they need to either exercise their information rights or meet their obligations.
The information collected via the cookies does not identify anyone.” Amazing. That is what the industry had been saying all along. The ICO’s site now places cookies as soon as a visitor arrives at the web site and a message at the bottom of the page explains this is happening with directions to a page to explain more and how to disable non-essential cookies should the visitor wish. This is a turn around to a much more real-world way of handling things.
The reason for this change, is, the ICO web site goes on to say it is because of their work over the last couple of years more people are aware of cookies. Oh perleeeeese! I would suggest that the real reason is that they have found out for themselves that the previous guidelines were unworkable for many web sites including their own and in real terms did nothing to help privacy of the individual on the web.
Article by: Mark Newton
Published in: Mark Newton