Re: [Hampshire] The Cookie Law

Top Page

Reply to this message
Author: Vic
Date:  
To: hampshire
Subject: Re: [Hampshire] The Cookie Law

> As I understand it, the law only applies to
>
> Tracking Cookies.
>
> Session Cookies are outside the legislation.


No. this is not true.

All cookies are covered by the legislation. Regulation 6 requires that the
user is given clear and comprehensive information about all cookies used,
and that the user has given consent for each one.

Note, however, that implied consent may be sufficient; the ICO's guidance
is not exactly clear. But then the legislation is rubbish, so clarity is
quite difficult.

> Again, AFAIK, if you don't have links to the vast number of tracking
> sites on your website then you don't have anything to worry about.


I *suspect* that very few sites will have anything to worry about; as long
as you've got a cookie statement on the site, most sites will probably
have a valid "implied consent" defence against any action. So even if the
ICO were to get off its collective bum and do something useful[1], a case
would be very difficult to prove, so I doubt it would try unless there had
been complaints from the public.

I'm not expecting more than a few token enforcement actions to garner a
bit of publicity. The rules will largely be ignored.

Vic.

[1] Ha!


--
Please post to: Hampshire@???
Web Interface: https://mailman.lug.org.uk/mailman/listinfo/hampshire
LUG URL: http://www.hantslug.org.uk
--------------------------------------------------------------