subscriber vs user law ( cookie law )

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subscriber vs user law ( cookie law )

Post by Admin on Sun Apr 16, 2017 1:11 pm

it comes under subscriber vs user law

https://ico.org.uk/for-organisations/guide-to-pecr/cookies-and-similar-technologies/#userconsent

Do we need consent from the subscriber or from the user?

Regulation 6 states that consent should be obtained from the subscriber or user.

In practice you may not be able to tell who is the subscriber and who is a user – which means you may not be able to distinguish between consent provided by the subscriber and by the user. The key will be that valid consent has been provided by one of them.

PECR does not say whose wishes should take precedence if they are different. If there appears to be a conflict – for example, if a subscriber or user previously consented but now the current user of the same device objects – it would seem sensible to rely on the most recent indication. This would mean you always respect the current user’s preferences, even if you cannot be sure of the subscriber’s preferences.

this information above has changed it used to quote that the user has precedence over the subscriber
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Re: subscriber vs user law ( cookie law )

Post by Admin on Sun Apr 16, 2017 1:14 pm

[quote="FlyingVisitor" post=30219][quote="ABC" post=27012]
I cannot be required to use third party computers.

What is the limitation or extent of this FV (or anyone else)?

I'm thinking about the impending Health and Work Programme and trying to get a head start with stymieing their efforts. So, would the providers' computers be third party and so I shouldn't have to use them? Or, because they effectively become the DWP for the duration of your sentence with them, are they in fact not third party and so it doesn't apply?[/quote]

I think this information answers your question.

Participant has created a profile and public CV in UJ
113.Where a participant states they have created a profile and public CV in UJ, before
requiring them to apply for a job in UJ you must ensure you have an available internet
enabled device on which UJ cookies have been accepted for the participant to use and
ensure the participant is aware of this.

114.It is not possible to give definitive guidance on how you should set up your internet
enabled devices to accept cookies because this is dependent on the individual
machines used by provider, that is different hardware, operating systems and
Chapter 3a Work Programme Provider Guidance
Version 16 26 Updated 29 February 2015

117.If you do not have any available internet enabled devices on which cookies have been
accepted for the participant to use, you cannot mandate the participant to apply for a
job in UJ where the method of application is to select a CV in UJ and send it on line
through the service. However, you will be able to take the action described.
118.If a participant is not given this choice, they may choose not to comply with the
requirement to use UJ on grounds that cookies would be unlawfully placed on their
device and may also complain to the Information Commissioner that the UJ website has
placed cookies on their device without their freely given consent.
browsers. However, the http://www.aboutcookies.org.uk/ website includes advice on
how to set all recent versions of popular browsers to accept cookies.

DWP contractors cannot mandate a claimants to create a UJ profile

Participant has not created a profile and public CV in UJ
111.Where the participant states they have not created a profile and public CV in UJ, you
must not mandate participants to apply for jobs in UJ where the method of application is
to select a CV in UJ and send it on line through the service. You cannot mandate
participants to create a profile and public CV in UJ if they haven't done so already.

In conclusion: you can only be mandated to apply for jobs via UJ if the DWP contractor has a UJ cookie enabled IAD device and you have a UJ account. This means you cannot be mandated to use third party computers to search other jobsites.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/505310/wp-pg-chapter-3a.pdf[/quote]
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