Browsing the web could get a lot more tedious soon, following amendments to the UK Privacy and Electronic Communications Regulations (PECR).
The amendment means that websites must gain ‘explicit consent’ from Web users before they download cookie tracking files. This means that when ever you visit a website that uses tracking files, you will most likely be welcomed by a pop up screen that will ask your permission.
This is going to completely shake up the world of the internet, as pop ups are highly regarded as a nuisance and are more often than not blocked themselves.
One alternative may be that you will have to check an agreement before entering the site.
Previously it was essential that a website’s use of cookies was explained to the user in a ‘Privacy Policy’ – but this is no longer satisfactory.
The previous rule on using cookies for storing information was that you had to:
- tell people how you use cookies, and
- tell them how they could ‘opt out’ if they objected.
Many websites did this by putting information about cookies in their privacy policies and giving people the possibility of ‘opting out’
This rule was set out in Regulation 6 of the Privacy and Electronic Communications Regulations 2003 (PECR)
The new rules are out lined on page 2 of The Information Commissioner’s Office (ICOs) “Changes to the rules on using cookies and similar technologies for storing information” document as
The new requirement is essentially that cookies can only be placed on machines where the user or subscriber has given their consent.
6 (1) Subject to paragraph (4), a person shall not store or gain access to information stored, in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met.
(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) has given his or her consent.
(3) Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user on more than one occasion, it is sufficient for Version 1 09/05/11 2the purposes of this regulation that the requirements of paragraph (2) are met in respect of the initial use.
“(3A) For the purposes of paragraph (2), consent may be signified by a subscriber who amends or sets controls on the internet browser which the subscriber uses or by using another application or programme to signify consent.
(4) Paragraph (1) shall not apply to the technical storage of, or access to, information– (a) for the sole purpose of carrying out the transmission of a communication over an electronic communications network; or (b) where such storage or access is strictly necessary for the provision of an information society service requested by the subscriber or user.
There has been a lot of confusion over the new rules, and fines of up to £500,000 are getting business in to a bit of a frenzy.
There are concerns that the new law will adversely affect business. Both Facebook and Google, whose sites are funded heavily by click through targeted advertising (worth up to an astounding £100m per year) are two examples of companies that could be heavily affected.
