Privacy policy.
Privacy policy
A privacy policy is a statement or a legal document (in privacy law) that discloses some or all of the ways a party gathers, uses, discloses, and manages a customer or client's data. It fulfills a legal requirement to protect a customer or client's privacy. Personal information can be anything that can be used to identify an individual, not limited to the person's name, address, date of birth, marital status, contact information, ID issue, and expiry date, financial records, credit information, medical history, where one travels, and intentions to acquire goods and services.[1] In the case of a business it is often a statement that declares a party's policy on how it collects, stores, and releases personal information it collects. It informs the client what specific information is collected, and whether it is kept confidential, shared with partners, or sold to other firms or enterprises.[2] Privacy policies typically represent a broader, more generalized treatment, as opposed to data use statements, which tend to be more detailed and specific.
The exact contents of a certain privacy policy will depend upon the applicable law and may need to address requirements across geographical boundaries and legal jurisdictions. Most countries have their own legislation and guidelines of who is covered, what information can be collected, and what it can be used for. In general, data protection laws in Europe cover the private sector as well as the public sector. Their privacy laws apply not only to government operations but also to private enterprises and commercial transactions.[3]
California Business and Professions Code, Internet Privacy Requirements (CalOPPA) mandate that websites collecting Personally Identifiable Information (PII) from California residents must conspicuously post their privacy policy.[4] (See also Online Privacy Protection Act)
History
Fair information practice
Current enforcement
Applicable law
Online privacy certification programs
Technical implementation
Criticism
Many critics have attacked the efficacy and legitimacy of privacy policies found on the Internet. Concerns exist about the effectiveness of industry-regulated privacy policies. For example, a 2000 FTC report Privacy Online: Fair Information Practices in the Electronic Marketplace found that while the vast majority of websites surveyed had some manner of privacy disclosure, most did not meet the standard set in the FTC Principles. In addition, many organizations reserve the express right to unilaterally change the terms of their policies. In June 2009 the EFF website TOSback began tracking such changes on 56 popular internet services, including monitoring the privacy policies of Amazon, Google and Facebook.[44]
There are also questions about whether consumers understand privacy policies and whether they help consumers make more informed decisions. A 2002 report from the Stanford Persuasive Technology Labcontended that a website's visual designs had more influence than the website's privacy policy when consumers assessed the website's credibility.[45] A 2007 study by Carnegie Mellon University claimed "when not presented with prominent privacy information..." consumers were "…likely to make purchases from the vendor with the lowest price, regardless of that site's privacy policies".[46] However, the same study contends where private information is clearly presented, consumers prefer retailers who better protect their privacy and may "pay a premium to purchase from more privacy protective websites". Furthermore, a 2007 study at the University of California, Berkeleyfound that "75% of consumers think as long as a site has a privacy policy it means it won't share data with third parties," confusing the existence of a privacy policy with extensive privacy protection.[47]
Privacy policies suffer generally from a lack of precision, especially when compared with the emerging form of the Data Use Statement. Where privacy statements provide a more general overview of data collection and use, data use statements represent a much more specific treatment. As a result, privacy policies may not meet the increased demand for transparency that data use statements provide.
Critics also question if consumers even read privacy policies or can understand what they read. A 2001 study by the Privacy Leadership Initiative claimed only 3% of consumers read privacy policies carefully, and 64% briefly glanced at, or never read, privacy policies.[48]The average website user once having read a privacy statement may have more uncertainty about the trustworthiness of the website than before.[49][50] One possible issue is length and complexity of policies. According to a 2008 Carnegie Mellon study, the average length of a privacy policy is 2,500 words and requires an average of 10 minutes to read. The study cited that "Privacy policies are hard to read" and, as a result, "read infrequently".[51]However, any efforts to make the information more presentable simplify the information to the point that it does not convey the extent to which users' data is being shared and sold.[52]This is known as the 'transparency paradox.'
References
- ^ McCormick, Michelle. "New Privacy Legislation." Beyond Numbers 427 (2003): 10-. ProQuest. Web. 27 Oct. 2011
- ^ Webfinance, Inc (2011). "Privacy Policy". Retrieved 23 October 2011.
- ^ a b c d Cavoukian, Ann (1995). Who Knows: Safeguarding Your Privacy in A Networked World (paperback). Random House of Canada: Random House of Canada. ISBN 0-394-22472-8.
- ^https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=8.&chapter=22.&lawCode=BPC
- ^ Overview of the Data Protection Directive, EC.europa.eu
- ^ U.S. Federal Trade Commission Fair Information Practice Principles, FTC.gov Archived 2009-03-31 at the Wayback Machine
- ^ HR 237 IH, The Consumer Internet Privacy Enhancement Act, as Introduced in House, 107th Congress Loc.gov.
- ^ HR 89 IH, Online Privacy Protection Act of 2001, as Introduced in House, 107th Congress Loc.gov
- ^ Kirby, Carrie "FTC drops the Call for New Internet Privacy Laws," SFGate, October 5, 2001. SFgate.com
- ^ Implementation of 15 U.S.C. §§ 41-58, FTC.gov
- ^ Electronic Privacy Information Center, Air Travel Privacy, Epic.org. Also, see FAA Enforcement Database at FAA.gov.
- ^ Helmer, Gabriel M. "Cracking Down: FCC Initiates Enforcement Action Against Hundreds of Telecommunications Carriers For Failing to Certify Compliance With Customer Privacy Rules Security, Privacy and the Law, Foley Hoag, LLP, May 2009. Securityprivacyandthelaw.com. Also see FCC Enforcement Center at FCC.gov
- ^ The Children's Online Privacy Protection Act, FTC.gov
- ^ COPPA Safe Harbors discussed, Cybertelecom Federal Internet Law & Policy – an Educational Project. Krohn & Moss Consumer Law Center, Cybertelecom.org
- ^ Discussion of compliance with the Children's Online Privacy Protection Act, FTC Privacy Initiatives, FTC.gov
- ^ Data Privacy, A Safe Harbor Approach To Privacy: TRUSTe Recommendations, Center for Democracy and Technology, CDT.org Archived 2008-11-28 at the Wayback Machine
- ^ Gramm-Leach-Bliley Act, Loc.gov
- ^ "The Financial Privacy Requirements of the Gramm-Leach-Bliley Act", FTC Facts for Business", FTC.gov
- ^ Information Regarding the Gramm-Leach-Bliley Act of 1999, US. Senate Committee on Banking, Housing, and Urban Affairs. Senate.gov
- ^ Understanding HIPAA Privacy, HHS.gov Health information privacy, HHS.gov
- ^ Notice of HIPAA Privacy Practices. Privacy/ Data Protection Project, Miller School of Medicine Miami University, Miami.edu
- ^ Privacy Laws, State of California Department of Justice Office of the Attorney General
- ^ Deceptive Trade Practices, Enotes.com
- ^ Branch, Legislative Services. "Consolidated federal laws of Canada, Personal Information Protection and Electronic Documents Act". laws-lois.justice.gc.ca.
- ^ "Nous ne pouvons trouver cette page Web (Erreur 404) – Thème de la facilité d'emploi Web du gouvernement du Canada / We couldn't find that Web page (Error 404) – Government of Canada Web Usability theme". www.priv.gc.ca.
- ^ "OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data – OECD". www.oecd.org.
- ^ a b c Shimanek, Anna E. (2001). "Do you Want Milk with those Cookies?: Complying with Safe Harbor Privacy Principles". Journal of Corporation Law. 26 (2): 455, 462–463.
- ^ Safe Harbor Compliance, Export.gov
- ^ "10 Jahre Safe Harbor – viele Gründe zum Handeln, kein Grund zum Feiern". www.datenschutzzentrum.de.
- ^ "Guide to the General Data Protection Regulation: Right to be informed". ico.org.uk. 2018-01-19. Retrieved 2018-05-22.
- ^ "How Europe's new privacy rule is reshaping the internet". The Verge. Retrieved 2018-05-22.
- ^ "Privacy Act 1988". AustLII. Retrieved 2013-06-25.
- ^ "National Privacy Principles". Office of the Australian Information Commissioner. Retrieved 2013-06-25.
- ^http://deity.gov.in/sites/upload_files/dit/files/GSR313E_10511(1).pdf
- ^ G.S.R. 313(E) dated 11 April 2011
- ^ Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011
- ^ "Archived copy". Archived from the original on 2011-07-17. Retrieved 2009-12-02.
- ^ "Testimony of Deirdre Mulligan before the Senate Committee on Commerce, Science and Transportation Subcommittee on Communications – Center for Democracy & Technology". www.cdt.org.
- ^ "Privacy Seals & Services by Trust Guard". www.trust-guard.com.
- ^ "Privacy Certification". www.etrust.org.
- ^ http://www.webtrust.org/
- ^ Softsteel Solutions "The Platform for Privacy Preferences Project (P3P)", Softsteel.co.uk Archived 2012-09-10 at Archive.today
- ^ CyLab Privacy Interest Group, 2006 Privacy Policy Trends Report. January, 2007 Chariotsfire.com
- ^ Millis, Elinor, "EFF tracking policy changes at Google, Facebook and others," Cnet Digital News, June 2009. Cnet.com
- ^ Fogg, B. J. "How Do People Evaluate a Web Site's Credibility? (abstract)" BJ, Stanford Persuasive Technology Lab, November 2002, Consumerwebwatch.org. Stanford Web Credibility Project found at Stanford.edu.
- ^ Acquisti, Alessandro and Janice Tsai, Serge Egelman, Lorrie Cranor, "The Effect of Online Privacy Information on Purchasing Behavior: An Experimental Study" Carnegie Mellon University, 2007. Econinfosec.org
- ^ Gorell, Robert. "Do Consumers Care About Online Privacy?" October 2007. Grokdotcom.com citing a study by Chris Hoofnagle, UC-Berkeley's Bolt School of Law. Samuelson Law, Technology & Public Policy Clinic, Berkeley.edu Archived 2009-11-28 at the Wayback Machine
- ^ Goldman, Eric. "On My Mind: The Privacy Hoax," October 2002, EricGoldman.org
- ^ Gazaleh, Mark (August 2008). "Online trust and perceived utility for consumers of web privacy statements". wbsarchive.files.wordpress.com.
- ^ Gazaleh, Mark. "Online trust and perceived utility for consumers of web privacy statements".
- ^ "The Cost of Reading Privacy Policies," Aleecia M. McDonald & Lorrie Faith Cranor," [1], July 2008.
- ^ Barocas, Solon, and Helen Nissenbaum. “Big Data’s End Run around Anonymity and Consent.” Privacy, Big Data, and the Public Good, Cambridge University Press, 2014, pp. 44–75. Cambridge Core, doi.org/10.1017/CBO9781107590205.
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