Ed Loach wrote:
Piwik requires explicit consent as it's not an 'essential' cookie
>Even session cookies are still a grey area!
http://www.ico.gov.uk/for_organisations/privacy_and_electronic_commu
nications/the_guide/cookies.aspx

mentions:

"European data protection authorities opinion

In June 2012, European data protection authorities (as part of the
Article 29 Working Party) adopted an opinion which clarifies that
some cookie uses might be exempt from the requirement to gain
consent:
Some cookies can be exempted from informed consent under certain
conditions if they are not used for additional purposes. These
cookies include cookies used to keep track of a user’s input when
filling online forms or as a shopping card, also known as session-id
cookies, multimedia player session cookies and user interface
customisation cookies, eg language preference cookies to remember
the language selected by the user.
First party analytics cookies are not likely to create a privacy
risk if websites provide clear information about the cookies to
users and privacy safeguards, eg a user friendly mechanism to opt
out from any data collection and where they ensure that identifiable
information is anonymised."

I'm not sure which of the osm cookies count as session cookies,
first party analytics cookies, or other.

Until there is 'case law' nothing can be assumed. The current recommendation HAVE changed again since I started sorting this for our hosting customers. The key word above is 'might be' ... no one has yet produced a document that says 'is' ... so we either simply ignore the directive, or we provide the facility for people to be able to switch off 'social media' and 'analytics' cookie tracking even if some people's opinion is that it's not necessary. I'm option for the safe path since it does also allow users to switch off things that they may object to even with anonymous tracking.

The law may be an ass, but it was VERY interesting identifying what cookies were created as a result of loading a supposedly clean site, and it is perhaps the 'due diligence' that has resulted from the exercise that is more important.

--
Lester Caine - G8HFL
-----------------------------
Contact - http://lsces.co.uk/wiki/?page=contact
L.S.Caine Electronic Services - http://lsces.co.uk
EnquirySolve - http://enquirysolve.com/
Model Engineers Digital Workshop - http://medw.co.uk
Rainbow Digital Media - http://rainbowdigitalmedia.co.uk



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