ICO gives website owners one year to comply with cookies law
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News release
25 May 2011
Organisations
and businesses that run websites aimed at UK consumers are being given
up to 12 months to ‘get their house in order’ before enforcement of the
new EU cookies law begins, Information Commissioner, Christopher Graham
said today.
The UK
government has revised the Privacy and Electronic Communications
Regulations, which come into force in the UK on 26 May, to address new
EU requirements. The Regulations make clear that UK businesses and
organisations running websites in the UK need to get consent from
visitors to their websites in order to store cookies on users’
computers.
One common
technique of storing information is widely known as a cookie. This is a
small file that a website puts on a user’s computer so that it can
remember something, for example the user’s preferences, at a later
time. The majority of businesses and organisations in the UK currently
use cookies for a wide variety of reasons – from analysing consumer
browsing habits to remembering a user’s payment details when buying
products online.
As the
independent arbiter of information rights, the Information Commissioner
has been charged with regulating the new rules for websites aimed at UK
consumers.
The ICO has
today published guidance on its approach to enforcing the new rules –
as well as guidance on other new powers coming into force as part of
the revised Regulations.
This includes:
- Guidance on how the ICO will enforce the new
rules on cookies
- Information for consumers on what the new rules
will mean for them and how to complain to us
- Information on what the ICO itself is doing to
comply with the new rules in respect of its own website;
Speaking
today at the Incorporated Society of British Advertisers’ briefing on
cookies, privacy and consumers, Information Commissioner, Christopher
Graham, said:
“I have said
all along that the new EU rules on cookies are challenging. It would
obviously ruin some users’ browsing experience if they needed to
negotiate endless pop ups - and I am not saying that businesses have to
go down that road. Equally, I have to remember that this law has been
brought in to give consumers more choice about what companies know
about them. That’s why I’m taking a common sense approach that takes
both views into account.
“Browser
settings giving individuals more control over cookies will be an
important contributor to a solution. But the necessary changes to the
technology aren’t there yet. In the meantime, although there isn’t a
formal transitional period in the Regulations, the government has said
they don’t expect the ICO to enforce this new rule straight away. So
we’re giving businesses and organisations up to one year to get their
house in order. This does not let everyone off the hook. Those who
choose to do nothing will
have their lack of action taken into account when we begin formal
enforcement of the rules.
“As the
regulator, I’m conscious that my own website will be looked at for a
model of how to comply. We’ve decided to place a header bar on our
website giving users information about the cookies we use and choices
about how to manage them. I am not saying that other websites should
necessarily do the same. Every website is different and prescriptive
and universal ‘to do’ lists would only hinder rather than help
businesses to find a solution that works best for them and their
customers. The initial advice that we issued earlier this month will
continue to be supplemented with real-life examples as they come in.”
Commenting
on the ICO’s approach, Stephen Robertson, Director General of the
British Retail Consortium (BRC), said:
“Retailers
recognise the challenge of legislating in the changing online
environment – which is why the BRC has worked closely with the ICO to
help ensure a balanced approach to regulation that helps UK
business
maintain its position as world leader in e-commerce while also
providing clarity on important consumer rights.
“The retail
sector supports the advice produced, especially the suggested approach
that allows a 'lead in' period for businesses. We'll continue to
maintain close engagement with the ICO to support policy development
that is clear, consistent and supportive of businesses and consumers
shopping online.”
On the other
new powers granted to the ICO as part of the Regulations, Christopher
Graham, added:
“Let’s not
forget that the revised Regulations grant the ICO other significant new
powers. Along with the power to impose financial penalties on telecoms
and internet companies who fail to notify us about their data breaches,
we will also have stronger powers to investigate the businesses behind
nuisance marketing calls and spam texts. Tackling the businesses that
make money from this is a challenge, but these new powers will give us
access to more of the information we need to do the job.”
Notes
1.Guidance on how the ICO will enforce the new
rules on cookies is available on the ICO website here: http://www.ico.gov.uk/~/media/documents/library/Privacy_and_electronic/Practical_
application/enforcing_the_revised_privacy_and_electronic_communication_regulation
s_v1.pdf
2.Information for consumers on what the new rules
will mean for them and how to complain to us is available on the ICO
website here: http://www.ico.gov.uk/news/current_topics/new_pecr_rules.aspx
3.Information on what the ICO itself is doing to
comply with the new rules is available here: http://www.ico.gov.uk/news/current_topics/website_changes_pecr.aspx
4.DCMS has also today issued a news release on
the cookies rules. Go to www.culture.gov.uk
for more
information.
5.The Information Commissioner’s Office upholds
information rights in the public interest, promoting openness by public
bodies and data privacy for individuals.
6.The ICO has specific responsibilities set out
in the Data Protection Act 1998, the Freedom of Information Act 2000,
Environmental Information Regulations 2004 and Privacy and Electronic
Communications Regulations 2003.
7.The ICO is on Twitter,
Facebook
and LinkedIn,
and produces a monthly e-newsletter.
Our For
the media page provides more information for journalists.
8.Anyone who processes personal information must
comply with eight principles of the Data Protection Act, which make
sure that personal information is:
- Fairly and lawfully processed
- Processed for limited purposes
- Adequate, relevant and not excessive
- Accurate and up to date
- Not kept for longer than is necessary
- Processed in line with your rights
- •Secure
- •Not transferred to other countries without
adequate protection
About the Author
The Information Commissioner’s Office is the UK’s
independent authority set up to uphold information rights in the public
interest, promoting openness by public bodies and data privacy for
individuals. We do this by promoting good practice, ruling on
complaints, providing information to individuals and organisations and
taking appropriate action when the law is broken.
The ICO enforces and oversees the following
legislation:
- Data Protection Act 1998
- Freedom of Information Act 2000
- Privacy and Electronic Communications
Regulations
2003
- Environmental Information Regulations
2004
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Article Published/Sorted/Amended on Scopulus 2011-06-07 15:46:35 in Computer Articles
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