Cookies and personal data
Regulation 6 covers the use of electronic communications networks to store information, eg using cookies, or gain access to information stored in the terminal equipment of a subscriber or user.
Although devices which process personal data give rise to greater privacy and security implications than those which process data from which the individual cannot be identified, the Regulations apply to all uses of such devices, not just those involving the processing of personal data.
Where the use of a cookie type device does involve the processing of personal data, service providers will need to make sure they comply with the additional requirements of the Data Protection Act 1998 (the Act). This includes the requirements of the third data protection principle which states that data controllers must not process personal data that is excessive. Where personal data is collected, the data controller should consider the extent to which that data can be effectively processed anonymously. This is likely to be particularly relevant where the data is to be processed for a purpose other than the provision of the service directly requested by the user, for example, counting visitors to a website.