Quote:
Originally Posted by the_baby_jebus
http://www.opsi.gov.uk/si/si2003/20032426.htm
7.1.a The data is erased
7.1.b. the data is modified to remove person data
7.1.c. not applicable only happens to home users
7.2. n/a nothing to do with billing
7.3.a it is (supposedly) value added as they've added a phishy filter.. at least that's their get out
7.3.b. user has been informed and opted-in.. or even not opted-out.. doesn't make the distinction
7.3.c. i.e. forever if they're still serving you adverts
also according to Richard Clayton http://www.cl.cam.ac.uk/~rnc1/080404phorm.pdf
so the switch redirects to a "fake" webwise domain to inspect a cookie which then decides to proceed or not.. which isn't Deep Packet Inspection
have they covered all the bases and we're dangling by the short an curlies??
(obviously this only goes for any furthur implementations.. the 2 previous trials by BT sholdn't be covered as they were under the radar so not covered by 7.3.b)
edited : 15.29 with some extra detail from richard clayton
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they have covered no bases, and we are not dangling anything.
you didnt read it all,or misunderstand it perhaps, first of all the section you quote is
"Restrictions on the processing of certain traffic data
7. - (1) Subject to paragraphs (2) and (3), traffic data relating to subscribers or users which are processed and stored by a public communications provider shall, when no longer required for the purpose of the transmission of a communication, be - ..."
just above that is
"Confidentiality of communications
6. -
(1) Subject to paragraph (4), a person
shall not use an electronic communications network
to store information, or to
gain access to information stored,
in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met.
(2) The requirements are that the subscriber or user of that terminal equipment -
- (a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and
(b) is given the opportunity to refuse the storage of or access to that information.
(3) Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user on more than one occasion, it is sufficient for the purposes of this regulation that the requirements of paragraph (2) are met in respect of the initial use.
(4) Paragraph (1) shall not apply to the technical storage of, or access to, information -
- (a) for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network; or
(b) where such storage or access is strictly necessary for the provision of an information society service requested by the subscriber or user."
and the most important bit you missed.
- "Relationship between these Regulations and the Data Protection Act 1998
4. Nothing in these Regulations shall relieve a person of his obligations under the Data Protection Act 1998 in relation to the processing of personal data."
in other words 6 states they cant store their cookie or any other data on your machine unless you were asked and you Explicity say yes you may.
they cant go looking on your machine for any cookie or other data they might have placed there in any Yes state earlyer, after you say NO at any time later.