Saturday, February 17, 2007

Information Responsibility

In a country and economy that increasingly relies upon and utilizes data storage and light speed data transfer technologies, is it any surprise that privacy rights are changing, as well? Or at least, that the lack of protection of those rights is being exploited? I'm talking about the plethora of news stories and cases that involve the gathering, storage and eventual "loss" of sensitive personal data. This unfortunately predictable series of events has come to characterize the modern lack or privacy and responsibility, at least in the US, that centers around information transfer.

The Veteran's Affairs data loss and the TJX loss are two prevalent and fresh events that characterize the laissez-faire attitude toward data aggregation. The sensitive data which we provide about ourselves to companies or organizations that don't take adequate precautions to protect that data MUST STOP. Whether it is by contactual agreement/obligation or voluntary surrender of this information, there should be an expectation that this data is provided the utmost security. And in the event that this data is captured or stolen, there should be public outrage and reimbursment for those effected.

In a recent courtcase in Great Britain, a government financial agency fined Nationwide Building Society for what it has reported as a stolen laptop computer containing sensitive consumer information (http://news.bbc.co.uk/2/hi/business/6360715.stm). What is astounding is that more decisions of this kind are not happening. In the two cases mentioned above, the only action that will most likely take place will be initiated by private individuals who were victimized by the events. This is a ridiculous state of affairs regarding government regulations, and by extention the lack of political will of consumers to stand up against this sort of irresponsible business behavior.

If you gave these businesses a physical object to be kept for safekeeping and they lost it, you would be outraged and likely to seek compensation. Why aren't consumers equally outraged when these businesses REQUIRE the disclosure of sensitive information, gather this information for sale as consumer statistical data, and then lose that sensitive information because of their own incompetence. At the very least, there should be compensation for the mental anguish of having to worry about the potential difficulties one might face in the future: Stolen identities, ruined credit scores, etc. In an age where identity is linked to measured transactions, misidentification of an individual can lead to indeterminate detention. In a time where suspected terrorism provides reasonable grounds for detention, data theft should be a hot-button issue.

Furthermore, the fact that this information is being collected not just as a financial record, but also as saleable information to marketeers is a major invasion of privacy. Given the current state of intellectual property rights, it's surprising that individuals haven't started to copyright their consumption habits. This information does not exist publicly, it is not overtly observable, it is the product of calculated and invasive methods to determine what ads to send your way, what purchasing behaviors to reinforce, and how to most likely convince you to buy something you may or may not need. This is shameful data theft, and its justification is unprecedented.

Does this happen because many people are unaware that it's actually taking place? Probably. If people were aware that their membership cards were being used to record their consumption habits, not just to give them "rewards", and if they knew that such data was being sold amongst companies, they would either want a piece of the sales, or (most likely) they would want it to stop. But adding the most insult to that injury is the carelessness with which that sensitive data is treated. Laptops and portable hard drives are stolen because they are left recklessly lying about. Computer systems aren't incrypted while they transmit whole credit card accounts.

Our identities are property, and this portrait provides a new way to conceive of that identity. If businesses want to tell us that their corporate image is intellectual property, then I say that my consumption habits are my intellectual property, and if you want to make money of that, then you'll have to reimburse me for taking that - if I let you take it at all. I don't see the targeted ads aimed at me as any sort of pro-consumer activity, it's just another way to determine HOW to sell things to me, not an evaluation of what I might need. Unfortunately, I have very few rights as a consumer any more. I don't have the financial power, and I don't have the bargaining power. But hopefully this issue becomes more apparent, as I'm sure it will as more and more instances of data theft and identity theft take place.

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