An Analytics Problem for the UK Public Sector

Monday, October 26, 2009 7:20 | Filed in Accessibility, Public Sector, Standards, Technology

In short: if you’re a government site, you must have a stats audit, and you’re potentially about to head into a major problem with using cookies in future…

It is mandatory for Government sites to have stats audits:

In the current climate of open, transparent and accountable government, it is now mandatory for government websites to have stats audits.Adam Bailin, Digigov: Benefits of Government Website Auditing

Now there are various different ways to analyse the stats, but in order to identify unique visitors, a lot of stats thingummies will use the storing of cookies. You with me so far?

Now the EU are currently discussing exactly what to do over file-sharing. Part of this telecoms package includes this:

Member States shall ensure that the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his/her consent, having been provided with clear and comprehensive information, in accordance with Directive 95/46/EC, inter alia about the purposes of the processingElectronic communications networks, personal data and the protection of privacy

Note that: in order to store or access a cookie, the user must already have given consent. This is not the same as the current “right to refuse” which means (as I understand it) that you’ve got to include information about what the information is used for and how the user can opt out (such as by having a ‘privacy’ page with this information linked to at the bottom of your site).

Struan from Out-Law.com was fairly clear on what he believes it means. You must provide a notice and give the user the option of giving or declining their consent before setting or accessing a cookie, with only one limited exception:

There is an exception for cookies that are “strictly necessary” to provide a service “explicitly requested” by the user. Consequently, no cookie notices are required to serve a cookie that helps a shopper get from a product page to a checkout; but notices are required for cookies that are used in traffic analysis or advertising.[...]

[...]sites can deliver cookies to a user’s computer only if the user “has given his/her consent, having been provided with clear and comprehensive information” unless, as now, the cookie is “strictly necessary” for a service “explicitly requested”.

European Commissioner Viviane Reding expressed concerns about behavioural advertising this month. “European privacy rules are crystal clear: a person’s information can only be used with their prior consent,” she said.

Out-Law.com: Online advertising is threatened by Europe’s cookie law

So if you want to use cookies for advertising (not a major thing for UK public sector sites at the moment, but people are heading down that road) or use cookies for analytical reasons, you must first give people the opportunity to decline first. That’s an active thing: you must explicitly get their consent (as I understand, for every different cookie, as you’ve got to explain what the information will be used for).

What right to refuse did I get?” our source asks of his own visit to a homepage placing a selection of cookies on his computer. “You might imagine some sort of pop-up: ‘do you refuse this – yes / no’. You could phrase that many ways but it seems to me you need to ask for a reaction before storing or gaining access to a machine.” Can you imagine a pop-up box to explain 30 cookies, or 30 pop-up boxes? [more from] Out-Law.com: Online advertising is threatened by Europe’s cookie law

And of course if you are a public sector site, you need to comply with either WCAG 1.0 or 2.0, so you simply can’t do this. WCAG 1.0 says:

10.1 Until user agents allow users to turn off spawned windows, do not cause pop-ups or other windows to appear and do not change the current window without informing the user. [Priority 2]WCAG 1.0

WCAG 2.0 is a teensy bit different. You’re not allowed to cause a “change of context” (new windows, change of focus, change of content of text on the page) unless you have informed the user first. This includes when any component receives focus (such as opening a new page):

3.2.1 On Focus: When any component receives focus, it does not initiate a change of context. (Level A)WCAG 2.0 Success Criterion 3.2.1

…or when you change anything on the page…

3.2.2 On Input: Changing the setting of any user interface component does not automatically cause a change of context unless the user has been advised of the behavior before using the component. (Level A)WCAG 2.0 Success Criterion 3.2.2

That is, every time you want to set or access a cookie, you’d need to inform the user before you pop up a window (or change the text on the current page) to ask the user if they will allow you to set or access that particular cookie.

So on the one hand you must inform the user what you will use the cookie for — and allow them the chance to withhold permission for it — before you set any cookies; and on the other hand, you can’t have any popups asking about setting cookies unless you’ve already informed the user first.

In other words, every time a user starts a new “visit” to the site (whatever their “landing” page was intended to be) you are going to have to:

  • Take them to a page (or series of pages) which explains all the cookies they are likely to encounter on your site and ask their permission to set them (except for cookies essential to the user-initiated process, such as shopping baskets)
  • Ensure that these permissions are recorded and stored for the remainder of that visit
  • Then take the user to the page that they originally wanted to visit

I can foresee a couple of teensy problems. Firstly, if you don’t do this, you’ll be breaching EU law (?) — assuming the current telecoms bill is passed — or alternatively you can instead choose to breach accessibility requirements. On the other hand, if you do do this, you’re going to massively inconvenience, not to mention severely piss off all of your users.

And of course that’s before we start trying to work out what constitutes a new ‘visit’ for someone who has refused to allow you to set cookies…

So, in line with Struan’s objections, I’d suggest that we hope that (and maybe do what we can to help) the new telecoms bill is not passed…

You can leave a response, or trackback from your own site.

35 Comments to An Analytics Problem for the UK Public Sector

  1. An Analytics Problem for the UK Public Sector Discount Shopping says:

    October 26th, 2009 at 8:25 am

    [...] Here is the original: An Analytics Problem for the UK Public Sector [...]

  2. Adam Bailin says:

    October 26th, 2009 at 10:11 am

    Hi Jack,
    Just to clarify, mandatory stats audits are required for central government websites, in line with Public Accounts Committee requirements. More information on government auditing requirements is available in the guidance TG116 ‘Measuring website usage’.

  3. sdcsmith2000 (simon smith) says:

    October 26th, 2009 at 12:05 pm

    Good Reading, I love joined up thinking by Gov RT @ThePickards New post Analytics issue for UK PS http://tinyurl.com/ylxjf7p

  4. David Lavery says:

    October 26th, 2009 at 12:23 pm

    Can’t sites just get around all this by using session cookies that are necessary for the operation of the site, but don’t hold any data about the user – data collection being done on the server? Or am I missing something?

  5. Seb Crump says:

    October 28th, 2009 at 1:36 pm

    @David I think you’re missing that to get good unique visitor figures over a month (the standard measurement period) you need stored cookies. IP addresses just don’t work for B2B/G2G/G2B, etc. because of the proxy access organisations tend to have (all employees seem to come from single IP or, even worse, a single user may swap across multiple IPs during a session, as happens from the govt load-balanced proxies).

  6. paul canning says:

    November 1st, 2009 at 4:01 pm

    There will be some sort of telecoms bill and I’d bet this cookies nonsense slips through with it. It’s insane and reminds me of that French state plan to build a Euro alternative to Google. Way to strangle online business.

  7. Proposed cookies law is an ass — NevilleHobson.com says:

    November 10th, 2009 at 10:43 am

    [...] You could seek consent with pop-ups, if you’re happy to ignore accessibility guidelines that discourage pop-ups – though users’ browsers may block pop-ups by default, which risks confusion. Or you could [...]

  8. EU Lawmakers Become Real Cookie Monsters says:

    November 10th, 2009 at 11:52 am

    [...] You could seek consent with pop-ups, if you’re happy to ignore accessibility guidelines that discourage pop-ups – though users’ browsers may block pop-ups by default, which risks confusion. Or you could [...]

  9. Phil P says:

    June 28th, 2010 at 8:57 am

    I completely agree with this agreement.

    No matter where you go on the tinternet, your bombarded by cookies.

    Yes, they are nec for SOME transactions, but most any just thrown at you for no other reason than the wesite operators to deluge you with more ribbish that is not needed.

    So what? Some advertisers will be inconvenienced? AND? Like anyone cares about that? Truth is, if cookies use wasn’t so prevelant, there would be no need for this legislation.

    Kill Cookies and stop trying to track everything I do, so you can try to target me with your c*ap.

    All cookies are blocked on my browser, and I’ve even stopped “super cookies”.

  10. 1234test.com says:

    August 31st, 2011 at 2:23 am

    Resource on Knowledge for Business Online…

    [...]We all know that skills come pretty handy when doing something new and even more it if is important to us.[...]…

  11. garment daily business reports says:

    September 9th, 2011 at 9:27 pm

    Superb website…

    [...]always a big fan of linking to bloggers that I love but don’t get a lot of link love from[...]……

  12. zox pro says:

    September 24th, 2011 at 2:44 pm

    Blogging About Zox Pro Program…

    [...]To have many skills you can successfully do at a lot of jobs and doing almost no mistakes…[...]…

  13. custom oil painting says:

    October 3rd, 2011 at 6:45 pm

    Article on The All Topics…

    …If you are conscious when working at your projects you will do more than if you don’t have much skills…..

  14. painted photo says:

    October 4th, 2011 at 11:24 am

    New Ideas On How To Lose Weight…

    With many skills you can be good at at many more jobs and make less mistakes while doing it….

  15. detox cleanse says:

    October 9th, 2011 at 11:06 am

    How To Do Effective Cardio And Lose Fat…

    [...]When you have knowledge, skills and experience these are are crucial to make you happy at all things in life.[...]…

  16. http://gleeseason3episode7.com/ says:

    October 12th, 2011 at 5:57 pm

    Must Read For All Who Like Glee Show…

    [...]If you know what is your job you can be a lot more successful than when you have no skills..[...]…

  17. penny auctions forums says:

    October 31st, 2011 at 8:17 pm

    Websites worth visiting…

    I enjoyed reading your article, many thanks….

  18. buy semenax says:

    November 5th, 2011 at 2:36 am

    Recommended websites…

    Amazing blog! Thanks for the great contribution with this post….

  19. ray ban junior aviator says:

    November 8th, 2011 at 12:02 pm

    How To Get Ray Ban Cheaply…

    …If you have skills and experience, these are are very important to make you happy at all things in life….

  20. Marketing says:

    November 9th, 2011 at 8:26 pm

    Everything You Have To Know About Effective Marketing Models…

    [...]When you have knowledge, skills and experience these are are crucial to make you happy at everything that you do.[...]…

  21. replica handbags says:

    November 15th, 2011 at 11:38 pm

    How To Find A LV Replica Bag…

    [...]It’s a known truth that right skill is very useful when doing something new and especially if it is something very important..[...]…

  22. qwerty phones says:

    November 25th, 2011 at 6:13 pm

    What Are Car Warig Lights…

    [...]Having right knowledge you can be successful at different projects and doing almost no mistakes.[...]…

  23. Electro voice Speakers says:

    December 2nd, 2011 at 11:31 am

    How To Get Electro Voice Speakers…

    [...]To have good skills you can achieve at many more jobs and make less mistakes while doing it.[...]…

  24. tom ford glasses says:

    December 3rd, 2011 at 2:42 pm

    What Are Tom Ford Sunglasses…

    [...]We all know that skills come pretty handy when doing something new and even more it if is important to us.[...]…

  25. west virginia university apparel says:

    December 6th, 2011 at 11:57 pm

    Best Internet Book Store…

    [...]Writing about a topic like that is pretty challenging. I will check out your web-site in the future.[...]…

  26. free romance pictures says:

    December 10th, 2011 at 9:43 pm

    Great Source Of Web Marketing Material…

    [...]I see you know a whole lot about what you happen to be writing about. Fascinating study. I’ll check out your site inside the future.[...]…

  27. glasögon online says:

    December 15th, 2011 at 12:53 am

    Where To Find Billiga Solglasögon Online…

    [...]Thank you for posting this interesting info. It’s great to understand many people nevertheless care about this[...]…

  28. tv news online says:

    December 20th, 2011 at 10:55 pm

    How To Find Good Real News Online…

    [...]I see you know a whole lot about what you happen to be writing about. Fascinating study. I’ll check out your site inside the future.[...]…

  29. women fragrance says:

    February 4th, 2012 at 4:03 am

    Smell Well And Attract Men…

    [...]It’s a known truth that right knowledge can be very important when doing work for the first time and especially if it is something very important.[...]…

  30. celulares dual chip says:

    February 10th, 2012 at 4:48 pm

    Celulares Dual Chip…

    [...]Writing about a topic like this is pretty tough. It’s good to understand some individuals nevertheless care about this[...]…

  31. India travel says:

    February 16th, 2012 at 10:07 pm

    Complete Tour Of India…

    [...]I feel it’s pretty important that extra persons know about this. Thank you for writting this[...]…

  32. ghost hunt says:

    March 30th, 2012 at 3:56 pm

    Are Ghosts Real…

    [...]Writing about a topic like this is pretty tough. It’s good to understand some individuals nevertheless care about this[...]…

  33. spring 2012 shoes says:

    April 11th, 2012 at 6:12 pm

    Shoes That Will Make You Look Great In spring…

    [...]This is really cool. Thank you for writting this[...]…

  34. dallas tx pools says:

    April 15th, 2012 at 2:27 pm

    Where To Get Quality Pool Service…

    [...]Writing about a subject like this is pretty difficult. You can find out much more about this topic[...]…

  35. Affordable Health Insurance In Missouri says:

    June 25th, 2012 at 11:22 am

    Car Insurance – Is It Worth It…

    [...]Are you certainly positive this could be the best data. I head something else. I’ve just had one particular more concept pop into my mind[...]…

Leave a comment