[OSM-talk] Cookies on OSM

2012-07-11 Thread David Earl
In very simplistic terms, the EU cookie directive requires a web site to 
prominently disclose the fact that it uses cookies and what for (and in 
the case of tracking cookies to explicitly obtain the user's consent 
before doing so).


I notice the OSM site doesn't yet do this, even though it uses cookies, 
but this mail is more about third party users who need to make their own 
statements about cookies they use when they embed OSM maps.


If a OSM map is embedded in another site as an IFRAME as from the Export 
tab or similar, then it appears to plant two sets of cookies, ones 
starting _osm_... whose function seems pretty obvious, and ones starting 
_pk_... which are more mysterious.


Please could someone who knows put up a brief page on the wiki which 
explains what these are for, for the purpose of helping sites make their 
cookie usage clear, as required by law (or at least for them to conduct 
the cookie audit needed in good faith).


I am (I hope not naively!) assuming that OSM wouldn't indulge in any 
intrusive cookie tracking which would require explicit consent.


Is anyone addressing this for the OSM site itself? I see there is a 
privacy policy, but that doesn't mention cookies and it isn't 
prominent on the home page as the directive requires.


Thanks,
David


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Re: [OSM-talk] Cookies on OSM

2012-07-11 Thread Frederik Ramm

Hi,

On 07/11/12 14:03, David Earl wrote:

I am (I hope not naively!) assuming that OSM wouldn't indulge in any
intrusive cookie tracking which would require explicit consent.


I believe OSM uses Piwik which is something like Google Analytics but 
without giving the data to a third party. That's probably the reason you 
are seeing this pk cookie.


I don't know if that requires explicit consent. It's not much more than 
looking at log files really but I'm not up to date on legislation.


(TBH I've seen a lot of is it ok if we set a cookie popups on UK web 
sites recently but none on German sites so I'm not sure if this is 
really an EU thing or just UK? Or UK being first in adopting some EU law 
into national law maybe, improbable as it sounds?)


Bye
Frederik

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Re: [OSM-talk] Cookies on OSM

2012-07-11 Thread Lester Caine

(Change email address !!!)
Frederik Ramm wrote:


On 07/11/12 14:03, David Earl wrote:

I am (I hope not naively!) assuming that OSM wouldn't indulge in any
intrusive cookie tracking which would require explicit consent.


I believe OSM uses Piwik which is something like Google Analytics but without
giving the data to a third party. That's probably the reason you are seeing this
pk cookie.

THAT is interesting ... I need to look closer
I'm using my own port of Piwik on a faster database.


I don't know if that requires explicit consent. It's not much more than looking
at log files really but I'm not up to date on legislation.

Piwik requires explicit consent as it's not an 'essential' cookie
Even session cookies are still a grey area!


(TBH I've seen a lot of is it ok if we set a cookie popups on UK web sites
recently but none on German sites so I'm not sure if this is really an EU thing
or just UK? Or UK being first in adopting some EU law into national law maybe,
improbable as it sounds?)
The cookie directive was passed into law across EUROPE last May. The UK relaxed 
implementation in an attempt to get the browser developers to handle the problem 
centrally, but none have, so they now require that every website does the job 
themselves.


I've ended up with a system which allows 'social media', 'piwik' and other 
cookies to be switched off separately ... http://medw.co.uk/ is an example. But 
I still need to link this in with the some of the third party elements fully yet.


--
Lester Caine - G8HFL
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Contact - http://lsces.co.uk/wiki/?page=contact
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Re: [OSM-talk] Cookies on OSM

2012-07-11 Thread David Earl

On 11/07/2012 13:36, Frederik Ramm wrote:

Hi,

On 07/11/12 14:03, David Earl wrote:

I am (I hope not naively!) assuming that OSM wouldn't indulge in any
intrusive cookie tracking which would require explicit consent.


I believe OSM uses Piwik which is something like Google Analytics but
without giving the data to a third party. That's probably the reason you
are seeing this pk cookie.


Thanks.


I don't know if that requires explicit consent. It's not much more than
looking at log files really but I'm not up to date on legislation.


The general view seems to be that Google Analytics doesn't require 
explicit consent, merely disclosure, so I can't see that something even 
less intrusive could require explicit consent.




(TBH I've seen a lot of is it ok if we set a cookie popups on UK web
sites recently but none on German sites so I'm not sure if this is
really an EU thing or just UK? Or UK being first in adopting some EU law
into national law maybe, improbable as it sounds?)


The directive was actually enacted in May 2011, but the UK Information 
Commissioner's office gave people until May this year to implement it. A 
few have, as you say (notably the BBC), but the ones that really go to 
town on the issues the directive is supposed to protect against - e.g. 
Amazon - have completely ignored it. There will have to be a test case 
before long if it is supposed to be taken seriously. (It is a daft law 
IMO, exactly the kind of 'red tape' the Government says it is committed 
to abolishing).


David




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Re: [OSM-talk] Cookies on OSM

2012-07-11 Thread Tom Hughes

On 11/07/12 13:03, David Earl wrote:


In very simplistic terms, the EU cookie directive requires a web site to
prominently disclose the fact that it uses cookies and what for (and in
the case of tracking cookies to explicitly obtain the user's consent
before doing so).


So, how is http://www.frankieandshadow.com/gallery/ using PHPSESSID then ;-)

Tom

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Re: [OSM-talk] Cookies on OSM

2012-07-11 Thread Ed Loach
 Piwik requires explicit consent as it's not an 'essential' cookie
 Even session cookies are still a grey area!

http://www.ico.gov.uk/for_organisations/privacy_and_electronic_commu
nications/the_guide/cookies.aspx

mentions:

European data protection authorities opinion

In June 2012, European data protection authorities (as part of the
Article 29 Working Party) adopted an opinion which clarifies that
some cookie uses might be exempt from the requirement to gain
consent:
Some cookies can be exempted from informed consent under certain
conditions if they are not used for additional purposes. These
cookies include cookies used to keep track of a user’s input when
filling online forms or as a shopping card, also known as session-id
cookies, multimedia player session cookies and user interface
customisation cookies, eg language preference cookies to remember
the language selected by the user.
First party analytics cookies are not likely to create a privacy
risk if websites provide clear information about the cookies to
users and privacy safeguards, eg a user friendly mechanism to opt
out from any data collection and where they ensure that identifiable
information is anonymised.

I'm not sure which of the osm cookies count as session cookies,
first party analytics cookies, or other.

Ed


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Re: [OSM-talk] Cookies on OSM

2012-07-11 Thread David Earl

On 11/07/2012 13:55, Tom Hughes wrote:

On 11/07/12 13:03, David Earl wrote:


In very simplistic terms, the EU cookie directive requires a web site to
prominently disclose the fact that it uses cookies and what for (and in
the case of tracking cookies to explicitly obtain the user's consent
before doing so).


So, how is http://www.frankieandshadow.com/gallery/ using PHPSESSID then
;-)


You can remove the ';-)' - my email wasn't a criticism, but is made in 
all seriousness to try to bring other web sites I have involvement in 
within the law. That includes my own site too (and I don't actually know 
the answer except that it is, of course, a PHP session cookie - that's 
the point of doing a cookie audit as required by the ICO).


David



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Re: [OSM-talk] Cookies on OSM

2012-07-11 Thread David Earl

On 11/07/2012 13:53, Lester Caine wrote:

Piwik requires explicit consent as it's not an 'essential' cookie


No, the requirement is for informed consent. The ICO is clear that 
Implied consent is a valid form of consent and can be used in the 
context of compliance with the revised rules on cookies. Explicit 
consent (asking an explicit question in which the user can decline to 
have cookies set) is about whether a cookie is intrusive or not - 
aimed mainly at third-party tracking cookies.


David


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Re: [OSM-talk] Cookies on OSM

2012-07-11 Thread Lester Caine

Ed Loach wrote:

Piwik requires explicit consent as it's not an 'essential' cookie
Even session cookies are still a grey area!

http://www.ico.gov.uk/for_organisations/privacy_and_electronic_commu
nications/the_guide/cookies.aspx

mentions:

European data protection authorities opinion

In June 2012, European data protection authorities (as part of the
Article 29 Working Party) adopted an opinion which clarifies that
some cookie uses might be exempt from the requirement to gain
consent:
Some cookies can be exempted from informed consent under certain
conditions if they are not used for additional purposes. These
cookies include cookies used to keep track of a user’s input when
filling online forms or as a shopping card, also known as session-id
cookies, multimedia player session cookies and user interface
customisation cookies, eg language preference cookies to remember
the language selected by the user.
First party analytics cookies are not likely to create a privacy
risk if websites provide clear information about the cookies to
users and privacy safeguards, eg a user friendly mechanism to opt
out from any data collection and where they ensure that identifiable
information is anonymised.

I'm not sure which of the osm cookies count as session cookies,
first party analytics cookies, or other.


Until there is 'case law' nothing can be assumed. The current recommendation 
HAVE changed again since I started sorting this for our hosting customers. The 
key word above is 'might be' ... no one has yet produced a document that says 
'is' ... so we either simply ignore the directive, or we provide the facility 
for people to be able to switch off 'social media' and 'analytics' cookie 
tracking even if some people's opinion is that it's not necessary. I'm option 
for the safe path since it does also allow users to switch off things that they 
may object to even with anonymous tracking.


The law may be an ass, but it was VERY interesting identifying what cookies were 
created as a result of loading a supposedly clean site, and it is perhaps the 
'due diligence' that has resulted from the exercise that is more important.


--
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Contact - http://lsces.co.uk/wiki/?page=contact
L.S.Caine Electronic Services - http://lsces.co.uk
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Re: [OSM-talk] Cookies on OSM

2012-07-11 Thread Lester Caine

David Earl wrote:

In very simplistic terms, the EU cookie directive requires a web site to
prominently disclose the fact that it uses cookies and what for (and in
the case of tracking cookies to explicitly obtain the user's consent
before doing so).


So, how is http://www.frankieandshadow.com/gallery/ using PHPSESSID then
;-)


You can remove the ';-)' - my email wasn't a criticism, but is made in all
seriousness to try to bring other web sites I have involvement in within the
law. That includes my own site too (and I don't actually know the answer except
that it is, of course, a PHP session cookie - that's the point of doing a cookie
audit as required by the ICO).


Up until May I had simply assumed that PHPSESSID was a simple 'essential' cookie 
and that it was exempt, but that is the very cookie that has yet to be 
specifically flagged as exempt and is why I have wasted so much time on the safe 
approach.


I also assumed that adding social media links to a site did not require ME to 
get permission, but the advise now makes it clear that it is the site which is 
responsible for these third party cookies! So we give people the option to 
refuse if they want to. While the ICO has changed the advise again in June it 
HAS also said that it will not be taking action against anybody any time soon, 
so sitting on hands is probably equally safe at the moment.


--
Lester Caine - G8HFL
-
Contact - http://lsces.co.uk/wiki/?page=contact
L.S.Caine Electronic Services - http://lsces.co.uk
EnquirySolve - http://enquirysolve.com/
Model Engineers Digital Workshop - http://medw.co.uk
Rainbow Digital Media - http://rainbowdigitalmedia.co.uk



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