Isn't this vague enough that a site with an image is infringing?
"Sure, they requested the web site, but they never explicitly said they wanted the image, and now you've gone and stored it in their cache."
"Sure, they requested the web site, but they never explicitly said they wanted the image, and now you've gone and stored it in their cache."
Paragraph 2 then sets out how consent needs to be obtained, and the test that the subscriber needs to have given their consent before information is stored on their computer.
Cookies, flash cookies, HTML5 databases, etc. are all covered under the general concept of storing on a subscriber's computer.
The original law is here - http://www.legislation.gov.uk/uksi/2003/2426/regulation/6/ma... - and here are the recent amendments - http://www.legislation.gov.uk/uksi/2011/1208/made