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RE: Cookies go live today

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Subject:  RE: Cookies go live today
Author:   GrahamRoss:   view profile | all posts by this author | add to favourites
Date:   10:30:59 15 December 2003
 
On 17:09:06 12 December 2003 Alex Chudnovsky wrote:
>IANAL (I Am Not A Lawyer - but I wish I was!) telling use
>how to delete cookies should not be sufficient because
>most likely these cookies were logged on Firm's server
>side and then replicated in great many places --
>essentially this will mean you DID collect and likely WILL
>use this tracking information on user even though they did
>not want it and did indeed delete cookies following your
>instruction, but they deleted on CLIENT side.
>

IAAL - Apart from the point that, without the client side data storage, you are not talking 'cookies', the new Regulations (The Privacy and Electronic Communications (EC Directive) Regulations 2003 ) apply (Reg 6) only to the client side element of cookies. However,any data about a user retained at the server side (which is not strictly a cookie but just data storage) has to comply with the Data Protection Act anyway and so ,if it is such as can idenify a living person andnot just a terminal then cannot be retained any way without appropriate consent under DPA.

Important to also bear in mind that , even if you follow the Regs in giving proper notice and opportunity to remove, it would be a breach of the DPA to store cookies that contain more data than reasonably necessray for the purpose of the cookie,

Members of our service at www.TheAdviceRoom.com receive a free guide to the new regulations.
 
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          • RE: Cookies go live today, Ashley , 11 Dec 16:10
            Hi Russell I believe 'best practice' (aka how little you can do to stay the right side of the law) also dictates that you give instructions in your privacy policy to users on ho ...
            • RE: Cookies go live today, Russell , 11 Dec 17:33
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            • RE: Cookies go live today, Alex Chudnovsky, 12 Dec 17:09
              On 16:10:06 11 December 2003 Ashley wrote: >give instructions in your privacy policy to users on how >they can delete the cookies you may have set. This is a >workaround for ...
              • RE: Cookies go live today, GrahamRoss, 15 Dec 10:30
                On 17:09:06 12 December 2003 Alex Chudnovsky wrote: >IANAL (I Am Not A Lawyer - but I wish I was!) telling use >how to delete cookies should not be sufficient because >most lik ...
                • RE: Cookies go live today, Alex Chudnovsky, 15 Dec 12:30
                  Great post Graham. I was merely trying to say that telling user how to delete cookies is (in my view) not sufficient to satisfy Regulation 6 (b) of The Privacy and Electronic Commu ...
                  • RE: Cookies go live today, GrahamRoss, 15 Dec 14:46
                    Alex- I see what you are getting at, 6(2)(b) to which you refer, and which says :- "2) The requirements are that the subscriber or user of that terminal equipment - ......... ...
                    • RE: Cookies go live today, Alex Chudnovsky, 16 Dec 10:51
                      On 14:46:47 15 December 2003 GrahamRoss wrote: Graham, The argument is based on "The Privacy and Electronic Communications (EC Directive) Regulations 2003" URL: http://www ...
                      • RE: Cookies go live today, GrahamRoss, 16 Dec 12:36
                        Alex - I'm afraid you are getting this all wrong. > 1. I will show that 6(4) does not apply in a >number of cases which would mean that 6(1) must be >complied with for thes ...
                        • RE: Cookies go live today, Alex Chudnovsky, 16 Dec 12:53
                          >Alex - I'm afraid you are getting this all wrong. Possible. >Of course. But you are overlooking the fact that >Regulation 6 does not apply AT ALL to server side data >ret ...
                          • RE: Cookies go live today, Russell , 16 Dec 16:14
                            Alex, I would argue that once a cookie's value is logged to the server, it ceases to be "cookie data" & becomes "just data". In your example, it is therefore a data protection i ...
                          • RE: Cookies go live today - response to Russel, Alex Chudnovsky, 16 Dec 17:30
                            >I would argue that once a cookie's value is logged to the >server, it ceases to be "cookie data" & >becomes "just data". In your example, it is >therefore a data protection iss ...
                            • RE: Cookies go live today - response to Russel, GrahamRoss, 17 Dec 15:05
                              >Suggestion to delete cookies on client side is not >sufficient to satisfy 6(b) simply because it may be logged >on server side - confidentiality of data may be breached against ...
                              • RE: Cookies go live today - response to Russel, Alex Chudnovsky, 17 Dec 15:18
                                Graham, >Can we drop this now and agree to disagree, unless anyone >else wishes to chip in. Yes I can agree on that. I hope future application of these regulations will prov ...
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