PECR edit

Download PDF

ICO, UK’s independent body set up to uphold information rights, has updated its laws. They published a blog with the most common myths about cookies and complete guidance on the use of cookies and similar technologies (pdf).

TL;DR (in short)

Simple Analytics is PECR compliant and does not need consent. We track page views from a script in the browser where we don’t use cookies or similar technologies. We don’t store IPs in any way and don’t use techniques that identify or track a user. Read here what data points we store and or collect.

PECR vs. GDPR

Basically, the ICO says: “PECR first, GDPR second.”

The simplest way to understand it is that if your cookies require consent under PECR, then you cannot use one of the alternative lawful bases from the GDPR to set them. If you’re placing cookies, this is why you need to look to PECR first and comply with its specific rules before considering any of the general rules in the GDPR. source

You need consent when cookies are not strictly necessary:

‘Strictly necessary’ means that storage of (or access to) information should be essential, rather than reasonably necessary. It is also restricted to what is essential to provide the service requested by the user. It does not cover what might be essential for any other uses that you might wish to make of that data. It is therefore clear that the strictly necessary exemption has a narrow application.

All cookies that are used for analytics do require consent. Simple Analytics does not use any cookies and does not require any consent.

What ICO says about Simple Analytics

After contacting Daniel Morgan from ICO about the need for consent with Simple Analytics he replied:

Regulation 6 of the PECR requires you to obtain consent from the user wherever you wish to store or gain access to information stored within their terminal equipment (a computer or device). This is applicable to the use of cookies and all similar technologies and techniques, such as device fingerprinting.

If you do not rely on techniques which involve storing or gaining access to information within users’ devices in order to produce analytics data for your clients, then this will not fall under Regulation 6 and you will not need to obtain consent.

We do not rely on techniques to store or gaining access to information within users’ devices. We do collect information about the devices (like screen size), but that is not applicable to the use of cookies and similar technologies.

Most competitors in the privacy space do use similar technologies like hashing an IP address. For those, you would need consent.

Tool

Use ICO’s tool to determine where consent applies for your use of cookies.

We advise you to include us in your privacy policy. Read more on that here.

Sources used: insideprivacy.com.