The use of cookies in Federal agency web sites: Privacy and recordkeeping issues

On July 27, 2009 the United States Government Office of Management and Budget (OMB) publicized its intent to review the nine-year-old prohibition of web tracking technologies such as cookies on Federal agency web sites. OMB cited its need to continue to protect the public's privacy while visiting Federal Government web sites, while at the same time “making these web sites more user friendly, providing better customer service, and allowing for enhanced web analytics” (Federal Register, 2009, p. 37062). In this paper, we review the history of the Federal government's position on cookies, and describe exactly how the technology works and why this shift in policy toward the use of cookies is logical and necessary for the evolution of electronic-government and government 2.0 services in terms of accessibility and capability. We review two major issues with which Federal agencies must contend related to the use of cookies – privacy, and records management. It is interesting to note that, despite earlier research on the implications of privacy and records management concerning other adopted technologies such as e-mail, these issues continue to be complex and misunderstood. We discuss the implications of cookies as records for future e-Government services and for long-term records management.