[Editor's Note: This post comes to you from Digital Breakfast friend, Andy Harrison - President of the NY-based mobile gaming company, Clout Mobile and Principal of the digital strategic research company, Sixth Man Consulting. Feel free to follow Andy on Twitter, here]
“Six Blind Men and the Elephant”. It’s the story that I keep going back to when data privacy is discussed. There are too many issues and too many constituencies to create a simple, all-encompassing explanation.
Privacy is one of today’s “hot button” issues as technological advances have enabled increased access to, accumulation and manipulation of data on an unprecedented scale. Further, there is a growing societal need to share almost everything; Geolocation services like Foursquare and sites like Blippy and Twitter being but a few examples. There also seems to be a generational divide where, as a rule, those under 30 share anything about themselves without thinking twice about it.
Where do you draw the line? How do you protect yourself, if you want protection? How much should Government regulate or legislate?
We are in a constant state of flux as paradigms get obliterated or reinvented at a dizzying pace. It gets more complicated because we are in a situation where the vast majority of our world’s decision-makers (government and business) still remember using pay phones, black-and-white televisions and transistor radios. Wrapping their minds around today’s technology and the accompanying issues is a stretch for most.
So what else is new?
Technology has constantly been challenging privacy. Thirty-five years ago, it was argued that privacy and security were dead because of the copy machine. And years before that, it was photography and film.
What is new is the pervasiveness. Not everyone had immediate access to a copier. Not everyone had cameras. To understand what is happening, it is important to take a step back to 1)define the components of data privacy, 2) look at some current external pressures and 3) consider data-related key issues for corporations that use data (okay, that’s everyone).
And when you try to absorb everything about data privacy, you can feel like a blind man encountering an elephant.
Two Components
Effective data privacy is a combination of preventing self-inflicted damage and stopping attacks from the outside. At its root, a company’s data privacy policy has two components.
Individual Privacy – Ensuring that Personally Identifiable Information (PII) is used properly during the regular course of business. This focuses on how a company uses PII; particularly organizations that meld data from multiple sources and mine it to produce customer insights. The big challenge here is defining the word “properly.”
Data Security – The means of ensuring that PII data is kept safe from corruption and that access to it is suitably controlled; particularly important for organizations that store and protect massive amounts of personal data (Data Centers, Big Pharmaceutical companies, financial services organizations, credit card processors).
External Pressures – The Current Environment
Shaping data practices and data privacy policy is not done in a vacuum. Here are some key trends/considerations.
– Organizations like the Consumer Federation of America, the Electronic Privacy Information Center, the Future of Privacy Forum and the Center for Democracy and Technology are becoming more vocal about all facets of individual privacy and data security.
– The regulatory environment has not kept pace with the advances in technology and data analysis and practices, but that is changing (e.g., new laws in Massachusetts, Sen. Boucher’s Consumer Privacy Bill). More strident controls will change the landscape.
– There are key concerns – ethical, legal, etc. – being raised regarding the ability to transform anonymous data into identifiable consumer profiles
– Data Security is perpetually vulnerable because of technological advances. Hackers are always one step ahead of programmers and the law. While there are significant benefits to leveraging technology, it also facilitates theft, intrusion and voyeurism. Therefore, pressure increases on gatekeepers of data to preserve the sanctity of the information.
– Data breaches like HSBC are heightening public awareness of and concerns regarding privacy and raises increasing doubts on gatekeepers’ ability to self-regulate and protect confidential data.
Going Forward – The Balancing Act
Within Your Control
Implementing comprehensive data privacy practices can conflict with basic corporate goals (e.g., making money) and impinges on certain business practices. Which is more important? Here are a few items to consider:
| Revenue Temptation |
User data is the most valuable asset for social media organizations like Facebook. Balancing users’ privacy with monetizing collected data (either by itself or when combined with other data sources) can be a significant challenge to a corporation’s values and policies. |
| Corporate Governance |
Information technology can be the source of potentially debilitating risks. As a result, Boards must give greater attention to data privacy and security issues. Reliance on ad hoc oversight when critical issues arise is no longer a pathway to success. |
| Data Disclosure – Incomplete |
Telling customer what data has been collected (e.g., Google Dashboard does not let its customers know what information Google has about them) |
| Data Management – Outsourcing – Cloud Computing |
Moving data to a hosted site “in the Cloud” leads to loss of total control; an inability to guarantee 100% oversight or security |
| Data Sharing – Widgets |
Data sharing and transfer between domains. How is personal data protected? |
| Data Usage – Marketer Profiling |
Real-Time Bidding – Allows advertisers to examine site visitors one by one and bid to serve them ads almost instantly |
| Data Usage – Profiling by Decision-makers |
Employers and service providers (e.g., insurance underwriters) use behavioral data to make business decisions |
Out of Your Control – Kosher
Individuals and government still matter.
| Data Collection – Inability to Collect |
Non-participation by individuals who supply data will shrink databases and hamstring the value of that can be derived from data
- Intentional – Apps preventing data collection
- External/Regulatory – Opt-in Dystopia – New legally required opt-in procedures will be more rigorous and require more personal data than opting out would and could reduce number of opt-ins
|
| Data Usage – Law Enforcement |
Accessing of private data by Government agencies
- Legitimate – Government using information in criminal investigations, prosecutions, etc.
- Abuse – Profiling, “McCarthy-like” practices
|
Out of Your Control – Criminal
Even with the best practices and applications in place, no company has complete control in the data chain of custody. There is always an Achilles’ heel. To wit:
| Device Security |
Constant security breaches/hacks, as well as repurposing devices
- Accessing an individual’s data via outright theft (hacking data banks, PC’s, laptops, smartphones)
- Turning phones into crime devices (data theft, espionage)
- Replacing device components
- Illegal data capture apps
|
| Connectivity/ Transmission Security |
Spyware and hackers can illegally capture data (individual, corporate, etc.) as it is being legitimately sent, even though there are stringent protections in place. For example, individuals using unsecured Public WiFi can have their laptops hacked. |
Data Privacy is no longer a topic that is limited to a business’ back room operations. It touches every facet of business – from the tactical to the strategic. Give short shrift to it at your own peril.