Online Privacy News and Views
What are you going to do when visitors don't give their consent? This question is probably one of the biggest elephants in the cookie law room that no one wants to talk about, but in many respects it is the most important element of any cookie law compliance strategy.
The self-regulatory code for online advertising does not comply with the EU Cookie Law, says Article 29 Working Party.
There has been plenty of advice around in the last few months about what the cookie law means, and what website owners should do about it.
The use of so-called Zombie cookies, that survive the user deleting them from the browser, has been attracting attention recently, with a number of high profile companies being caught using them.
The European Commission continues to put out conflicting messages about the cookie law, frustrating everybody who is looking for clear answers.
The Information Commissioners Office (ICO) is responsible for enforcing the new cookie legislation in the UK, which it has promised to start doing from May 2012. They are currently in a public consultation on their guidance for the issuing of 'monetary penalties' - fines to you and me, as part of their powers.
The Article 29 Working Party is an advisory group to the European Commission on issues of Privacy and Data Protection, so they would have had a lot of input into the Cookie Directive while it was being written up. Therefore, when they come out with an 'opinion' on one of the most imortant aspects of the law - the definition of consent, it is worth paying attention.
I have been reading the text of a speech given by Peter Hustinx the European Data Protection Supervisor today, and his interpretation of the EU Cookie Directive will raise some concerns in some powerful corners. Online advertisers and European Commission Vice-President Neelie Kroes are both given a stern word or two.
Much was made of the ICO's 90% drop in visitor stats after they implemented their cookie consent solution on May 25th. We implemented our own beta tool on July 4th, and are now ready to reveal our initial insights into the impact it has had on our own site statistics.
We have started doing some analysis on some of the websites with the biggest collections of cookies in our database. Whilst it is still early days, we think it is worth sharing what we have uncovered so far.