The European Parliament has just fallen short of approving a complete ban on the use of ‘cookies’, but has asked its member states to regulate the use of unsolicited e-mail(‘spamming’) under their own legislation.
Following this afternoon’s debate in the European Parliament, MEPs voted to leave it up to individual countries whether or not unsolicited email for marketing purposes should be allowed only with the prior consent of subscribers ('opt-in', or whether subscribers should the have the right to insist on being removed from mailing lists ('opt-out').
Cookies are used by Web site operators to track the activity of Internet users and can record user names, passwords and language preference, often without the user's knowledge.
The Parliament, backed by the Commission, concluded that this was an intrusion of personal privacy.
By contrast, however, MEPs want direct marketing by fax, SMS or automated calling systems to be allowed only with prior consent by subscribers.
They also voted to allow companies which obtain email addresses from clients to use these addresses for direct marketing on the understanding that those affected can stop the practice at no cost.
MEPs reconfirmed, the amendments approved by Parliament when the proposal came up for debate and a vote in September.
As a result member States may restrict data protection provisions if necessary to safeguard national security, defence, public security, the prevention, investigation or prosecution of criminal offences, but only if this is appropriate, proportionate and limited in time.
Such measures, the Parliament agreed, must be entirely exceptional and be authorised by the judicial authorities for individual cases.
Any form of wide-scale general or exploratory electronic surveillance is expressly prohibited.
Parliament now wants to include a clause for the review of the directive after three years.