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New Presidency: new ePrivacy progress?

It seems a long time since I wrote about the ePrivacy Regulation. This was supposed to come into force alongside the GDPR, back in May 2018, and provide specific guidance on its application to the communications sector. You may remember it as “Cookie law”, though it was never just that. Unfortunately its scope grew and, […]

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Progress Report: ePrivacy Regulation

Alongside the 1995 Data Protection Directive (DPD) sat the 2002 ePrivacy Directive (ePD), explaining how the DPD should be applied in the specific context of electronic communications. In fact, particularly after it was amended in 2009, the ePD did a bit more than that, as it turned out to be a convenient place to insert […]

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Privacy, Regulation and Innovation

Robin Wilton of the Internet Society gave a talk at the TERENA Networking Conference on the interaction between privacy, regulation, and innovation. It’s a commonly heard claim that regulation stifles innovation; yet the evidence of premium rate phone fraud and other more or less criminal activities suggests that regulation can, in fact, stimulate innovation, though […]

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Article 29 Working Party on Profiling

In what sometimes seems like a polarised debate on the draft Data Protection Regulation, it’s good to see the Article 29 Working Party trying to find the middle ground. The subject of their latest advice note is the contentious topic of profiling, which has been presented both as vital to the operation and development of […]

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ICC Cookie Guide updates

The International Chamber of Commerce has published a revised version of its Cookie Guide, reflecting the new information that has been produced by the Information Commissioner and Article 29 Working Party since the original version last April. There are relatively few changes to the existing text, in particular the four ICC categories of cookie remain […]

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Articles

Art.29WP on Cookies – specific and pragmatic advice

The e-Privacy Directive’s provisions on cookies exempt two classes of cookies from the requirement to gain consent (though if they relate to individual users, websites still need to inform users about them, under data protection law): CRITERION A: the cookie is used “for the sole purpose of carrying out the transmission of a communication over […]

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New CAP rules on behavioural advertising

The Committee on Advertising Practice (CAP) has announced new rules on online behavioural advertising. UK advertisers will be expected to comply with these rules from 4th February 2013. Unlike the much-discussed cookie law, the CAP rules are technology neutral, concentrating instead on the actions involved in providing on-line adverts that are targeted to individuals’ patterns […]

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Closed Consultations

Implementing the EC telecoms framework

Earlier this year the European Community revised its regulatory framework for telecommunications networks, so the UK Government is now consulting on how to implement those changes in UK law. Although most of the changes are not relevant to JANET as a private network, I have responded in three areas: Data breach notification, where the UK […]

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Articles

ICC Cookie Guide

The International Chamber of Commerce has published a Guide to cookies to help businesses comply with the legislation and individuals understand what is being done with their data. Rather than concentrating on the legal issues, the guide aims to develop a common terminology for different types of cookie use, which should help to increase users’ […]

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Cookies: More information, and a demonstration

With a new law on obtaining consent for cookies coming into force today, the Information Commissioner has published details of how the ICO’s own site has been updated to comply. There appear to be three main changes: A lot more information on the privacy statement about the names and purposes of each cookie, and how […]