Cornwall Council has been revealed to have hosted advertising embedded on its website and passed on users’ data without their consent.

An investigation by the BBC found that the authority had cookies enabled on the homepage and benefits pages of its website and that it did not ask for users’ consent to use them.

Cookies are small files of text that are often used to track users around the internet. They attach themselves to our browsers when we open web pages, and are the main technology used to gather data for targeted and behavioural advertising.

The data shows that the council had used some cookies which are linked to advertising from third-party companies based in the USA.

As a result of the BBC investigation the Information Commissioners’ Office (ICO) has said that it will look at the findings.

The ICO said that the setting of non-essential cookies without consent would be illegal. 

In a statement Cornwall Council said: “The data we collect through the Cornwall Council website is anonymised. We do not share it with others, and we do not use targeted advertising.

“However, we embed some website content – including videos, social media feeds and other things that provide useful information – which are produced by third parties. In some cases these systems will use cookies which may be used to personalise content for you.

“We are currently implementing a system to allow users to block any non-essential cookies.”

It said that it provided more information about cookies for residents on its website at www.cornwall.gov.uk/council-and-democracy/website-information-and-help/about-our-website/legal-information/use-of-cookies/

The Local Government Association (LGA) said in response to the investigation: “Councils take legal compliance seriously and are looking into their use of cookies in relation to the findings.”

The wider BBC investigation found that some of the cookies used on council websites had included adverts for high interest credit cards and Black Friday deals. There is no indication that the cookies on Cornwall Council’s website were linked to these adverts.

It found that 54 per cent of councils across the UK host third party advertising cookies through their benefits pages.

Simon McDougall, the Information Commissioner’s Office’s (ICO) executive director for technology policy and innovation, said: “The ICO has made looking at the use of ad-tech a priority. This investigation by the BBC further highlights our concerns about the lack of transparency and consent when ad-tech is used.

“Earlier this year, the ICO published an update report into ad-tech and real time bidding (RTB). The report details our own concerns and we have continued to prioritise this work in recent months as part of our work on improving data protection practices in the sector.

“While the ICO is keen to promote innovative uses of technology, that cannot be at the expense of people’s fundamental legal rights. We will be assessing the information provided by the BBC.”

Professor Tim Libert teaches in the privacy engineering programme  at Carnegie Mellon University in the USA. He is the creator of the Webxray programme used in the investigation.

He said: “I’ve been a web developer since the late 1990s and a privacy researcher for the past seven years and this may be the most unexpected place I’ve seen an ad online.

“Any evidence of deeper integration between the civil and commercial realms is cause for grave concern.”

Lloyd Clark, managing director of the Council Advertising Network (CAN), which works with public bodies including around 50 UK councils and Transport for London (TfL) among others, said: “We do not specifically target vulnerable people via council advertising. In addition, we automatically block all categories of advertising that could be used to target vulnerable groups. This includes ads for payday loans, gambling and alcohol.”