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A comment on Web Analytics Illegal in UK after 26 May? Crazy. Parent comment

Re:Web Analytics Illegal in UK after 26 May? Crazy by dhx on Friday April 20, 2012 @07:57AM (#3867460)
§66 on page 20 of Directive 2009/136/EC at [1] seems to explicitly allow the use of Do-not-track header as an opt-in mechanism:

  Where it is technically possible and effective,
  in accordance with the relevant provisions of
  Directive 95/46/EC, the user’s consent to
  processing may be expressed by using the
  appropriate settings of a browser or other
  application.
[1] http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2...
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Re:Web Analytics Illegal in UK after 26 May? Crazy by Groxx on Friday April 20, 2012 @12:30PM (#3868585)
That seems to imply that if you have 'accept cookies' and 'accept 3rd party cookies' checked, you can be tracked. Those boxes exist for precisely this reason, are they not consent?
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