THE EUROPEAN COOKIE MONSTER

Here’s an update to my post of 5 June about the ICO’s guidance on obtaining the consent of users before ‘cookies’ can be placed on machines. The European Data Protection Supervisor, Peter Hustinx, gave a public lecture on 7 July 2011 on the privacy implications of online behavioural advertising. This included discussion of ‘cookies’. He commented that browser providers have developed opt-out solutions, whereas the ideal is to have privacy-by-default unless individual preferences are set using a “privacy wizard”. The lecture also suggested that recent speeches made by the European Commission’s Vice President, Neelie Kroes, raise doubts about the Commission’s position on the e-Privacy Directive’s requirements; the Commission has expressed support for initiatives which Mr Hustinx considers are in fact non-compliant.