HTTP cookie: Difference between revisions

Revision as of 07:36, 30 December 2015

Revision as of 14:07, 5 January 2016

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In 2002, the European Union launched the [[Directive on Privacy and Electronic Communications]], a policy requiring end users’ consent for the placement of cookies, and similar technologies for storing and accessing information on users’ equipment.<ref name=JISC>{{cite web|title=EU Cookie Directive - Directive 2009/136/EC|url=http://www.jisclegal.ac.uk/ManageContent/ViewDetail/ID/1347/EU-Cookie-Directive--Directive-2009136EC.aspx|publisher=JISC Legal Information|accessdate=31 October 2012}}</ref><ref name="ICO reference">{{cite book|title=Privacy and Electronic Communications Regulations|year=2012|publisher=Information Commissioner's Office|url=http://www.ico.gov.uk/for_organisations/privacy_and_electronic_communications/the_guide/~/media/documents/library/Privacy_and_electronic/Practical_application/cookies_guidance_v3.ashx}}</ref> In particular, Article 5 Paragraph 3 mandates that storing data in a user’s computer can only be done if the user is provided information about how this data is used, and the user is given the possibility of denying this storing operation.

Directive 95/46/EC defines "the data subject’s consent" as: “any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed”.<ref>{{cite journal|title=Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data|date=1995-11-23|pages=P. 0031–0050|url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31995L0046:en:HTML|accessdate=31 October 2012}}</ref> Consent must involve some form of communication where individuals knowingly indicate their acceptance.<ref name="ICO reference" />

In 2009, the policy was amended by Directive 2009/136/EC, which included a change to Article 5, Paragraph 3. Instead of having an option for users to opt out of cookie storage, the revised Directive requires consent to be obtained for cookie storage.<ref name="ICO reference" />