Guidance on the Privacy and Electronic Communications (EC Directive) Regulations
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1 Infrmatin Security Guidance Title: Status: Guidance n the Privacy and Electrnic Cmmunicatins (EC Directive) Regulatins Released 1. Purpse This guidance n the Privacy and Electrnic Cmmunicatins (EC Directive) Regulatins intends t supprt University staff and students in understanding the remit f the Regulatins and in implementing apprpriate cntrls t assure cmpliance t the Regulatins. 2. Scpe and Respnsibilities 2.1. The guidelines applies t all websites: cntrlled by the University managed n behalf f the University cnnected t clubs and scieties assciated with the University 2.2. Respnsibility fr cmpliance with the Regulatins lies with University staff and students managing, prcuring r verseeing any website identified in sectin 2.1 abve 3. The Change in Law The Privacy and Electrnic Cmmunicatins (EC Directive) Regulatins were implemented int UK Law n 25 May The gvernment gave rganisatins until 25 May 2012 t implement this new law, which is fast appraching. Under the ld law it was adequate t tell website users abut ckies and then give them the ptin t pt ut f the use f ckies What is a Ckie? A ckie is a piece f infrmatin in the frm f a very small text file that is placed n an internet user's hard drive. It is generated by a web page server, which is basically the cmputer that perates a web site. The infrmatin the ckie cntains is set by the server and it can be used by that server whenever the user visits the site. A ckie can be thught f as an internet user's identificatin card, which tell a web site when the user has returned and can stre persnal infrmatin abut the user. Therefre cmpliance usually invlved putting infrmatin abut ckies in privacy plicies/website terms and giving users the pssibility f pting ut. Page 1 f 5 UW Guidance n the Privacy and Electrnic Cmmunicatins (EC Directive) Regulatins
2 3.2. Cnsent Hwever, under the new law ckies (and ther similar technlgies) can nly be used where the user has been prvided with infrmatin and has given their cnsent. Therefre, the fundamental change is that inactin by the user in failing t pt ut f ckies is n lnger enugh, the web users must take affirmative actin t give cnsent t the use f ckies. Implied cnsent is a valid frm f cnsent and can be used in the cntext f cmpliance with the revised rules n ckies. Hwever, the fllwing expectatins shuld be taken int accunt: If yu are relying n implied cnsent yu need t be satisfied that yur users understand that their actins will result in ckies being set. Withut this understanding yu d nt have their infrmed cnsent. Yu shuld nt rely n the fact that users might have read a privacy plicy that is perhaps hard t find r difficult t understand. In sme circumstances, fr example where yu are cllecting sensitive persnal data such as health infrmatin, yu might feel that explicit cnsent is mre apprpriate. 4. Exceptin Strictly Necessary There is an exceptin t the requirement t btain cnsent if the use f the ckie (r ther technlgy) is strictly necessary. This is a very narrw exceptin and nly likely t apply t a small range f situatins, such as when a ckie is used t remember the gds in a basket/checkut, r if a ckie is required fr legal cmpliance, r if a ckie is required t distribute a website s wrklad acrss numerus cmputers. 5. Intentin behind the law The Infrmatin Cmmissiner s Office (ICO) have surmised that the aim f the law is nt t restrict the use f particular technlgies as such, but t prevent infrmatin being stred n peple s cmputers, and used t recgnise them via the device they are using, withut their knwledge and agreement. Therefre, in rder t cmply with the law, the University and any assciated web prviders r website wners must: 1. Tell peple that the ckies are there 2. Explain what the ckies are ding; AND 3. Obtain their cnsent t stre the ckies Page 2 f 5 UW Guidance n the Privacy and Electrnic Cmmunicatins (EC Directive) Regulatins
3 6. What practical steps will the University be taking twards cmpliance? 6.1. On Sitebuilder sites IT Services have identified the fllwing ckies in peratin n the University prvided web platfrm Sitebuiler and has published this infrmatin n the website : Only first party ckies, i.e. thse implemented by University website wners, are in use The University sitebuilder pages use Ggle Analytics and is nt required t prvide a University-specific pt-ut fr that, since Ggle prvide an pt-ut which wrks everywhere that Ggle Analytics is in use ( ) Other ckies are deplyed n pages requiring Single Sign-On and cnsent will be gathered fr these ckies n Single Sign-On pages and when specific presentatinal preferences, such as display text nly r set this page as my hmepage, are selected by signed-in users On ther University websites (nn-sitebuilder and third party managed sites) In line with the guidance prvided by the Infrmatin Cmmissiner s Office (ICO), departments r activities running nn-sitebuilder sites and/r third party prvided websites must carry ut the fllwing steps twards cmpliance: Ckie Audit Check what type f ckies and similar technlgies yu use and hw yu use them. Department web wners r third party website prviders shuld carry ut an audit f the website(s) t see what ckies are being used and why. It shuld investigate: What ckies are perating The purpse f the ckies Whether the ckies link t ther infrmatin held abut users What data the ckies hld Whether they are sessin ckies r persistent ckies. If it is persistent hw lng des it last? Whether they are first party r third party ckies. If it is a third party ckie wh is setting it? Sme ckies may be strictly necessary and might nt need cnsent althugh this is a very narrw exceptin (see sectin 2 abve) s may nt apply t the website(s). This will be a gd pprtunity t clean up any web pages and stp using any ckies that are unnecessary. Page 3 f 5 UW Guidance n the Privacy and Electrnic Cmmunicatins (EC Directive) Regulatins
4 Assess hw intrusive the use f ckies is The Regulatins cver all types f ckies. Hwever, the intentin behind the law is t add t the level f prtectin affrded t the privacy f internet users. Therefre the mre intrusive yur use f ckies is the mre pririty yu will need t give t either changing these practices r gaining meaningful cnsent. It is ckies that are used fr behaviural advertising that are f mst cncern, rather than just the use f analytical ckies Decide what slutin is best t prvide the infrmatin and gain cnsent? (A) (B) (C) Tell peple that the ckies are there Yu must prvide clear and cmprehensive infrmatin abut the ckies yu are using. The infrmatin must be easily accessible t website users - s nt hidden away in privacy plicies r website terms that are hard t find. The ICO have suggested flagging up the ckie infrmatin by having a link t Privacy Plicy and Ckies r New Ckie Infrmatin n yur website. Explain what the ckies are ding The infrmatin shuld be sufficiently full and intelligible t explain t users what the ckies are and help them understand the ptential cnsequences f allwing the ckies shuld they wish t d s. This culd be in the frm f a table setting ut the type f ckie e.g. Perfrmance Ckie, Functinality Ckie, Targeting Ckie and an explanatin f each. The Internatinal Chamber f Cmmerce is currently prducing a guide which will cntain examples f the types f descriptins websites culd give t explain the different types f ckies and their uses. Obtain their cnsent t stre the ckies There are varius methds which can be used t gain cnsent fr the use f ckies (see Sectin 3 abve). Neither the Regulatins, the University r the ICO have given a prescriptive way f gaining cnsent. Examples include: Pp ups and similar techniques e.g. a light bx that appears ver the whle screen when smene lgs in. Fr an example see Website fter r header bars as yu nted the ICO was using a prminent header n their website. Hwever, reprts suggest that nly 10% f peple were actually ticking this bx s it may nt be the mst effective technique. Terms f Use if there is an nline registratin prcess then this culd be used t ask users t sign up t the use f ckies at the same time the infrmatin regarding ckies wuld need t be prminent and clear. Settings/Feature led cnsent cnsent fr ckie use culd be linked in with ther decisins the user may have t make abut their use f the website e.g. the language, r if they are abut t watch a vide. Page 4 f 5 UW Guidance n the Privacy and Electrnic Cmmunicatins (EC Directive) Regulatins
5 These types f cnsent mechanisms culd then link t the cmprehensive Privacy Plicy which wuld set ut the ckie infrmatin. It is imprtant t ensure that any frm f cnsent mechanism als cmplies with Accessibility bligatins i.e. that the ckie cnsent bxes can be read by screen readers etc. It is imprtant t find a balance between gaining cnsent withut ruining the website experience fr the users. 7. Cnnected Websites The ICO have suggested that an rganisatin with several cnnected websites culd in thery btain cnsent fr ckies set n each site in ne place, fr example when the user lgged in n ne site. In rder fr this cnsent t be valid it wuld have t be abslutely clear which websites the ckies in questin were set n and very clear what the use f the ckies was fr. This may be useful fr departments r activities which have a number f cnnected websites. Hwever, any sites that can be accessed independently e.g. nt via the University f Warwick hmepage in case the user has nt visited the main University website first. Similarly, if a department r activity redirects users t a site managed by a third party i.e. nt cntrlled by the University, additinal cnsent fr any ckies in use n this site wuld need t be sught and users shuld be infrmed that they are being directed away frm the University f Warwick site. 8. Cntacts 8.1. IT Services can prvide further advice n the technical aspects f cmpliance t the Regulatins. Cntact the IT Services Service Desk (helpdesk@warwick.ac.uk) The Deputy Registrar s Office can advise n the wrding fr Privacy Plicies r cnsent gathering mechanisms (see sectin abve). Dcument Histry 22 May 2012 (J. Findlay) Began first draft 30 May 2012 (J. Findlay) Updated t clarify ICO guidance arund implied cnsent (v1) 10 August 2012 (J. Findlay) Released (v1.1) The fficial versin f this dcument will be maintained nline. Befre referring t any printed cpies please ensure they are up t date. Page 5 f 5 UW Guidance n the Privacy and Electrnic Cmmunicatins (EC Directive) Regulatins
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