"Make Privacy your Policy"
The New York State Consumer Protection Board Launches Program to Assist Consumers in Identifying Hidden Online Privacy Issues

Can you answer these questions about the websites you use on the Internet? 1) What information is being collected about you? 2) For what purpose are they using your information? 3) With whom are they sharing your information? If not, you may be opening yourself up to having your personal information shared or used for secondary and/or unintended purposes, often without your knowledge or permission.

The New York State Consumer Protection Board (CPB) is today urging consumers to be careful about providing personal information online while playing games, booking travel, communicating through social networking sites and other Internet-based activities to safeguard their privacy by launching its "Make Privacy Your Policy" program. The initiative is designed to offer consumers guidance as they navigate websites and provide a tool to help them identify whether or not their privacy might be compromised online. Studies have revealed that there is a general lack of understanding of online privacy rules among users. The CPB is educating and empowering consumers regarding privacy, information collection and data sharing on the Internet.

"With so much information being collected about us online, often without our knowledge or consent, it is imperative that consumers take the initiative to evaluate policies, ask questions and demand change," said Mindy A. Bockstein, Chairperson and Executive Director of the CPB. "There is a chorus of people saying that information sharing is a problem, therefore, consistent with the Board’s policy to empower New Yorkers, we are giving people something tangible they can do about it. By making privacy their policy, consumers can now take an active role in safeguarding their own private information online."

The Consumer Privacy Awareness Project (CPAP), which conducted a November 2008 survey of consumer privacy policy reading habits, reported that in only a minority of cases do consumers read privacy policies carefully: 32% of consumers say they read Internet service provider policies carefully, 30% for online retailer policies, and a mere 18% for search engine policies. Comparing Internet activity to Hansel and Gretel’s walk in the woods, the CPAP survey indicated that consumers are leaving "virtual breadcrumbs" as a pathway to their personal information. Based on their survey results, it appears that most consumers do not read privacy policies carefully - - or maybe even at all.

Studies, including a recent report from the Samuelson Law, Technology & Public Policy Clinic at UC Berkeley Law, which was established in January 2001, found that "a gulf exists between California consumers' understanding of online rules and common business practices." The Clinic further reports that "California consumers overvalue the mere fact that a website has a privacy policy, and assume that websites carrying the label have strong, default rules to protect personal data" and that "consumers interpret 'privacy policy' as a quality seal that denotes adherence to some set of standards."

In fact, no adequate standards exist in current law. While many states, including New York, require businesses to notify consumers if their computerized private information has been breached, these laws do not protect consumers from data collection and sharing by websites, particularly if this information is provided by consumers who willingly "log on" to these sites and use them.

The CPB’s "Make Privacy Your Policy" consists of ten questions or guideposts to help consumers protect their privacy online. The CPB advises Internet users to follow the "when in doubt, check it out" rule by asking and answering ten questions for each site where personal information may be entered, before proceeding with your activity online. The first five questions are:

1. What information is being collected about you? Can any of this information be used to identify you personally? Is it being used by itself or in combination with other information?
2. For what purpose are they using your information?Is the information used only for the purpose for which you offered it? Is it being used for any other purpose? If so, do you find any of these purposes objectionable?
3. With whom are they sharing your information? Are they employees of the company? Or are they subsidiaries or affiliates of the company? Are they individuals or businesses which are outside the company?
4. Are you given choices?Are you able to grant permission for collecting, using or sharing your information?
5. Is the choice to opt-in or opt-out?In other words, do you have to say "yes" before information can be collected, used or shared? Or is your only choice to say "no" to stop the collection, use or sharing that may have already occurred?

"We are hoping consumers will stop, look and pay attention to our 'Make Privacy Your Policy' guidelines," continued Bockstein. "Until the law catches up with technology, consumers need to take action to assure their own privacy."

The CPB is also asking consumers to e-mail their reactions regarding their online privacy research to makeprivacyyourpolicy@consumer.state.ny.us, answering the following questions or providing general comments to assist the Agency in formulating future policy recommendations. Specifically, the CPB wants to know, with specific site references:

See the remainder of the Make Privacy Your Policy questions, the CPB's Think Privacy columns and additional privacy information online. The CPB's privacy policy can be accessed at http://www.nysconsumer.gov/privacy_policy.htm.

The CPB, established in 1970 by the New York State Legislature, is the State’s top consumer watchdog and think tank. The CPB’s core mission is to protect New Yorkers by publicizing unscrupulous and questionable business practices and product recalls; conducting investigations and hearings; enforcing the "Do Not Call" law; researching issues; developing legislation; creating consumer education programs and materials; responding to individual marketplace complaints by securing voluntary agreements; and, representing the interests of consumers before the Public Service Commission and other State and federal agencies.

To file a consumer complaint with the NYS Consumer Protection Board (CPB), call our toll-free hotline at 800-697-1220 or visit CPB’s website at www.nysconsumer.gov. In addition to the online complaint form, the website is home to important consumer safety information.