[Chapter-delegates] Fwd: EU Cookie law
Christine Runnegar
runnegar at isoc.org
Thu Jul 26 03:11:42 PDT 2012
Dear all.
Further to my earlier email, here is a link to the background paper for the IGF workshop that the Internet Society is co-organising with the Council of Europe regarding online tracking (Who is following me: tracking the trackers):
http://www.internetsociety.org/sites/default/files/Tracking%20-%20Background%20paper%2020120711_1.pdf
Again, please let me invite you and your members to send me:
- your ideas and opinions regarding online tracking
- pointers to relevant documents, work, articles, views re: the topic
Kind regards,
Christine Runnegar
Internet Society
Begin forwarded message:
> From: Christine Runnegar <runnegar at isoc.org>
> Date: July 18, 2012 8:31:32 AM GMT+02:00
> To: Marcin Cieslak <saper at saper.info>
> Cc: ISOC Chapter Delegates <chapter-delegates at elists.isoc.org>
> Subject: Re: [Chapter-delegates] EU Cookie law
>
> Dear Eric, Marcin, Carlos and all.
>
> Article 5(3) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) [1], otherwise known as the "eCookie Directive" came into force in May this year.
>
> To help companies and others understand what is required, the CNIL and the UK ICO have issued some guidance.
>
> - CNIL revised guidance – Ce que le "Paquet Télécom" change pour les cookies (23 April 2012) [2]
> - Highlights in English, courtesy of Bird & Bird [3]
> - UK ICO revised Guidance on the rules on use of cookies and similar technologies (May 2012) [4]
>
> The Article 29 Data Protection Working Party also adopted an Opinion on Cookie Consent Exemption on 7 June 2012. [5]
>
> Cookies are part of a broader discussion on online tracking.
>
> The Internet Society was invited by the Council of Europe to co-organise a workshop at this year's IGF. The title of the workshop is: Who is following me? Tracking the trackers. In preparation for this workshop, we have prepared a background paper which provides a useful introduction to the topic and many of the sub-issues.
>
> The paper should be available online soon. When it is ready, we will share a link to the paper on this list.
>
> In the meantime, please let me take this opportunity to invite you and your members to send me:
> - pointers to relevant documents, work, articles, views re: online tracking
> - your ideas and opinions on the topic
>
> At the same time, I would also like to highlight some of the work the Internet Society is undertaking to help Internet users have a more private Internet experience if they choose to do so.
>
> Managing Your Digital Footprint: Privacy in the Internet age
> Hands-on Workshop held in conjunction with the GlobalINET
>
> The Internet Society presented the initial version of its Managing Your Digital Footprint workshop at the GlobalINET in Geneva (23-24 April 2012). This workshop is designed to help raise awareness as to how and why information is being gathered when users visit websites and to empower them to exercise greater control over the information they share. The workshop aims to teach users how to enhance your privacy on the Web by using basic techniques such as configuring the settings of various popular browsers and using privacy-promoting extensions, add-ons and plug-ins. We are working with the ILP team to roll this out to Chapters.
>
> Recently, the Internet Society has developed a beta version 1 website known as “The Internet Society’s Browser Privacy Site” which is intended to evolve into a collaborative platform for sharing ideas and expertise to improve user privacy whilst browsing the Web. At present, the site offers some information about some of the technical options that are currently available through an easy to use interface. We will shortly be formally launching this site. Keep an eye for this!
>
> Wall Street Journal Data Transparency Weekend
>
> The Internet Society sponsored and participated in the WSJ Data Transparency Weekend (13-15 April 2012). This was a “hackathon” designed to develop tools to help enhance the privacy of users on the Internet. The Internet Society participated on the team that fixed and updated TOSBack2, and added a web interface to analyze and present information about the changes in a policy over time. The TOSBack2 project won the award for the scanning track. [6]
>
> [1] http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32002L0058:en:HTML
> [2] http://www.cnil.fr/en-savoir-plus/fiches-pratiques/fiche/article/ce-que-le-paquet-telecom-change-pour-les-cookies/
> [3] http://www.twobirds.com/English/News/Articles/Pages/CNIL_reissues_guidance_analytic_cookies.Aspx
> [4]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
> [5]
> http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2012/wp194_en.pdf
> [6] http://www.hackerleague.org/hackathons/wsj-data-transparency-code-a-thon/hacks/tosback2
>
> Best regards,
> Christine Runnegar
> Internet Society
>
> On Jul 11, 2012, at 5:01 PM, Marcin Cieslak wrote:
>
>>> On 07/11/2012 10:07 AM, Eduard Tric wrote:
>>
>>> Hi all ,
>>> I am wondering if there is already an Isoc position (especially
>>> at EU level ) regading the new EU "Cookie law" (advantages
>>> /disadvangers and impact for end-users and sites ) .
>>
>> On Wed, 11 Jul 2012, Carlos A. Afonso wrote:
>>> Hmmm... I missed that. Is it a law or a bill of law? And if law, is it
>>> EU-wide?
>>
>> It's the same directive I mentioned in a reply to an earlier post
>> by Narelle Clark to this mailing list:
>>
>> (...)
>>
>> The European Union has a directive, 2002/58/EC, that deals with the
>> subject of privacy and e-commerce. After its recent ammendments
>> it's being called sometimes "cookie directive". So now the shift
>> is more towards consumer-protection-style e-commerce regulation
>> vs. traditional telecommunications.
>>
>> Some summary of the regulatory framework in Europe:
>>
>> http://europa.eu/legislation_summaries/internal_market/single_market_services/l24120_en.htm
>>
>> Here's a text of the EU directive 2002/58/EC:
>>
>> http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32002L0058:EN:NOT
>>
>>> Article 5
>>>
>>> Confidentiality of the communications
>>>
>>> 1. Member States shall ensure the confidentiality of communications
>>> and the related traffic data by means of a public communications
>>> network and publicly available electronic communications services,
>>> through national legislation. In particular, they shall prohibit
>>> listening, tapping, storage or other kinds of interception or
>>> surveillance of communications and the related traffic data by
>>> persons other than users, without the consent of the users concerned,
>>> except when legally authorised to do so in accordance with Article
>>> 15(1). This paragraph shall not prevent technical storage which is
>>> necessary for the conveyance of a communication without prejudice to
>>> the principle of confidentiality.
>>>
>>> 2. Paragraph 1 shall not affect any legally authorised recording
>>> of communications and the related traffic data when carried out in
>>> the course of lawful business practice for the purpose of providing
>>> evidence of a commercial transaction or of any other business
>>> communication.
>>>
>>> 3. Member States shall ensure that the use of electronic
>>> communications networks to store information or to gain access to
>>> information stored in the terminal equipment of a subscriber or user
>>> is only allowed on condition that the subscriber or user concerned is
>>> provided with clear and comprehensive information in accordance with
>>> Directive 95/46/EC, inter alia about the purposes of the processing,
>>> and is offered the right to refuse such processing by the data
>>> controller. This shall not prevent any technical storage or access
>>> for the sole purpose of carrying out or facilitating the transmission
>>> of a communication over an electronic communications network, or as
>>> strictly necessary in order to provide an information society service
>>> explicitly requested by the subscriber or user.
>>
>> The last one is about cookies, among others.
>>
>> //Marcin
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>
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