Posted by Earl Smith November 18, 2019

The Privacy and Electronic Communications Regulations (PECR) Act requires that a person be told of any information placed on their device in the form of any type of cookie, or “Local Shared Object” and provide a method to block or disable them. When there is a physical occupation, or entry onto another person’s device, or anything associated with it would be a violation. Also, where whatever information held on the device is expected to be private, or meant to be disclosed only to those persons they want to have the information is observed, or disclosed, there would be a violation. This analogy is based on a 1967 decision of the Supreme Court.

In this particular decision, some government officials attached a listening device to a phone booth to pick up conversations involving betting over the telephone. The Highest Court held, that there does not have to be a physical intrusion in order for a violation of privacy to occur. This decision was based on what the Court interpreted to be the “trespass doctrine”. In an earlier (1961) decision, the Court refined the “trespass doctrine” to be the intrusion of an area protected by the constitution. Best practice is to inform a user, visitors, or customers of how they can disable the settings, and remain anonymous. When information is gathered correctly and there is no intrusion on the personal information that is held on a person’s, or business’s device there would not be an invasion of privacy.