Enforcing respect for data, privacy & consumer rights | 2021-2024

Category: PECR

Political Parties: Conservatives & Labour improve cookie consent mechanisms

The Conservative Party adds an equivalent ‘Reject’ button after my email to their DPO. But Labour initially refused to acknowledge their non-compliance and invited me to complain to the ICO. After the ICO gets involved, the Labour Party also makes the changes I requested – and the ICO records the matter as an infringement of the law.

Cookie banner on conservatives.com in February 2024

‘Consent or pay’ is likely unlawful and must not be entertained by regulators

ICO opens call for views on “consent or pay” business models after adtech industry engagement. But allowing this legally flawed concept would have serious consequences in many areas beyond cookies “accept marketing emails or pay £4.99 per month to refuse” would be on the cards.

Sentencing Council revises data practices after complaint

Public bodies often run public consultations on proposals for policy changes – but is it appropriate to publish a list of individual respondents’ names by default? And how does the Right to Object apply to processing based on the public task basis? I discuss this in this case study of my data protection complaint to the Sentencing Council, which constructively took action to resolve my concerns. Photo ID demands and unnecessary cookies also make an appearance – again.

Taking the biscuit: websites breaking the cookie rules

Most websites you visit nowadays will have you believe they ‘value your privacy’ while presenting you with an annoying popup, containing a wall of small text with a big, green ‘accept all cookies’ button. Contrary to what they want you to believe, such websites take the biscuit with your privacy and break the law en masse. But with the UK Government consulting on reforms and an important Supreme Court judgment in Lloyd v Google, the question is: for how much longer will this be tolerated?

Falling foul of the rules on direct marketing emails could be a costly mistake

Organisations must comply with strict rules if they want to send electronic direct marketing mail to people. Many organisations send out legitimate ‘service’ emails, but some choose to add advertising, marketing or promotional material to their supposed ‘service’ emails in an attempt to circumvent the direct marketing rules. Of course, it doesn’t quite work like that and mistakes can be costly

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