§ The Earl of Northeskasked Her Majesty's Government:
Given that an estimated 67 per cent of all computers contain some form of spyware, and given the uses to which spyware can be put to facilitate identity theft and online fraud, what legislative sanctions exist to protect computers and their users from such programs. [HL253]
§ Lord Sainsbury of TurvilleThe placing of software on a computer without authorisation is an offence under the Computer Misuse Act 1980. Provisions also exist in relation to cookies which are software packages placed on computers to improve the efficiency of the user's interaction with the web. Statutory controls on cookies were introduced under the Privacy and Electronic Communications (EC Directive) Regulations 2003. The rules require that cookies and similar internet tracking devices must be clearly indicated and internet users have the right to refuse them. Businesses are required to provide users with a privacy or cookies statement, which advise users how to switch off the cookies either through the content or service provider or by using the computer's browser settings. The exemption to this requirement is in cases where cookies are essential to the service provided by the website. The Information Commissioner's Office (ICO) has responsibility for the enforcement of these regulations and considers complaints about any breaches.