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OMB Memorandum M-00-13

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Citation Edit

Office of Management and Budget, Privacy Policies and Data Collection on Federal Web Sites (OMB Memorandum M-00-13) (June 22, 2000) (full-text).

Overview Edit

On June 22, 2000, OMB issued this Memorandum, which referred to the earlier OMB Memorandum M-99-18, and the need for agencies to comply with this earlier guidance.[1] However, the June 22, 2000, memorandum provided additional guidance relating to the collection of information by federal websites using cookies.

A 
September 
5, 
2000 
letter 
from
 OMB 
to 
the
 Department of Commerce 
further 
clarified 
that
 “persistent”
 cookies,
 which 
remain
 on 
a user’s computer 
for 
varying 
lengths 
of 
time 
(from
 hours 
to
 years), 
are
 not
 allowed 
unless 
these 
four
 specific 
conditions 
are
 met.

 “Session” 
cookies,
 which 
expire
 when
 the user exits 
the browser,
 are
 permitted.




Subsequent developments Edit

In
 2003,
 the 
E-Government Act of 2002 privacy 
implementation 
guidance[2] expanded 
the
 types
 of 
technologies 
included 
under 
these 
policies 
to
 include 
any
 tracking 
technology 
that 
lasted 
longer 
than 
a user’s 
one‐time 
visit 
to 
the website.

Memorandum M-00-13 was later updated by OMB Memorandum M-03-22, prohibiting the use of Web tracking technologies unless the agency head approved the use of these technologies due to a compelling need. 
 
Currently,
 in 
order 
to 
comply 
with 
the 
federal 
cookie
 guidelines, 
a
 government website
 must
 have 
a 
compelling 
need 
to 
gather 
the data 
through
 cookies,
 must 
provide 
users 
a 
clear 
and
 conspicuous 
notice 
of 
the
 use
 of 
cookies, 
must 
have 
a 
clear 
privacy
 policy
 explaining 
the 
collection 
of information 
through cookies 
and privacy 
safeguards for handling that information, 
and 
must 
have 
personal 
approval from the agency head, or a 
delegate 
who
 reports 
directly 
to
 them.

This Memorandum was rescinded by OMB Memorandum M-10-22.

References Edit

  1. The guidance attached to OMB Memorandum M-99-18 stated that agencies could use automatic means to collect information in logs or cookies.
  2. OMB Memorandum M-03-18, “Implementation Guidance for the E-Government Act of 2002“ (full-text).

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