New ad tracking 'can't duck law'

Tech giants such as Google and Apple have been warned by the data watchdog that plans to duck existing legislation by replacing cookies with other technology will be futile, as they will still be subject to UK privacy laws.
The Information Commissioner’s Office has responded to reports that major firms are in the process of developing new ways of tracking individuals’ online activity – a so-called anonymous identifier for advertising (AdID) – amid concerns that cookies are no longer effective.
Although the companies have yet to disclose how the new tracking technologies would work, the ICO is urging them to liaise with it to help ensure privacy rights are respected in how the new technologies operate.
The watchdog confirmed that businesses using the new technologies would be required to comply with UK data protection and privacy rules, even if the new technologies can facilitate tracking without storing or accessing data from individuals’ computers or other devices.
“We can confirm that the use of any technology to track individuals online carries clear privacy concerns and would be required to comply with all relevant aspects of the Data Protection Act and the Privacy & Electronic Communications Regulations,” an ICO spokeswoman said.
“For consent to be valid in the context of either piece of legislation companies must, first and foremost, be open and upfront with their consumers by explaining how their information is being used, as well as giving users a clear choice as to the options available to them.
“Failure to look after people’s information correctly not only leaves a company open to potential enforcement action by our office, but will significantly damage its reputation. As with any new technology, following a ‘privacy by design’ approach from the outset can deliver real benefits to individuals and we will be happy to work with companies to help them achieve this,” the regulator added.