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RE: Cookies go live today - response to Russel

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Subject:  RE: Cookies go live today - response to Russel
Author:   Alex Chudnovsky:   view profile | all posts by this author | add to favourites
Date:   17:30:17 16 December 2003
 
>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 issue rather than a cookie

Russel, I am afraid the legislation in question does not differentiate between different naming conventions such as "cookies". It addresses "information" usage - you may call it cookie, data, info etc - it does not change fact that by having this "information" logged on server side you can not claim to be compliant by giving people choice to delete cookie data on client side.

6(2) Clearly states:

"(2) The requirements are that the subscriber or user of that terminal equipment -

(a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and

(b) is given the opportunity to refuse the storage of or access to that information."

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 user wishes.
 
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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
              Thanks Ashley. I've added the following text & link to the end of the "information about cookies & what we use them for" area on our site: "How to delete and control cookies ...
            • 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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