For the past ten years, the federal government, through the Office of Management and Budget’s (“OMB”) June 22, 2000 Memorandum on Privacy Policies and Data Collection on Federal Web Sites, effectively prohibited federal government sites from using cookies to collect data from visitors.
That guidance provided that “the presumption should be that ‘cookies’ will not be used at Federal web sites.”1
- to track individuals on the Internet outside the website or application from where the technology originates;
- to share data with outside agencies without a user’s explicit consent;
- to cross-reference any data collected against personally identifiable information (“PII”) without a user’s explicit consent in order to determine individual-level online activity;
- to collect PII without a user’s explicit consent; or
- for any similar usage determined by the OMB.