Protecting Privacy Online: Is Self-Regulation Working?

2000 ◽  
Vol 19 (1) ◽  
pp. 20-26 ◽  
Author(s):  
Mary J. Culnan

The author assesses the extent to which 361 consumer-oriented commercial Web sites post disclosures that describe their information practices and whether these disclosures reflect fair information practices. Although approximately 67% of the sites sampled post a privacy disclosure, only 14% of these disclosures constitute a comprehensive privacy policy. The study was initiated by the private sector as a progress report to the Federal Trade Commission (FTC) and is one in a series of efforts designed to assess whether consumer privacy can be protected through industry self-regulation or whether legislation is required. Although the FTC does not recommend legislation at this time, the study suggests that an effective self-regulatory regime for consumer privacy online has yet to emerge.

Author(s):  
Alan R. Peslak

Privacy on the Internet has been of increasing concern with the explosive growth of electronic commerce. A series of past surveys by the Federal Trade Commission and other organizations measured the implementation of fair information practices and industry self-regulation of privacy. This report includes two important additional factors in the review—enforcement and simplicity. Using historical studies and this more comprehensive analysis, this article reviews the current Internet privacy polices of the 50 largest U.S. companies in 2003 and updates this review for 2006.


Author(s):  
Chang Liu ◽  
Jack Marchewka ◽  
Brian Mackie

Many electronic businesses will attempt to distinguish themselves from their competition and gain a competitive advantage by customizing their Web sites, in order to build a strong relationship with their customers. This will require the collection and use of personal information and data concerning the customer’s online activities. Although new technologies provide an opportunity for enhanced collection, storage, use, and analysis of this data, concerns about privacy may create a barrier for many electronic businesses. For example, studies suggest that many people have yet to shop or provide personal information online due to a lack of trust. Moreover, many others tend to fabricate personal information. To this end, many electronic businesses have attempted to ease customers’ concerns about privacy by posting privacy policies or statements, or by complying with a particular seal program. Recently, the Federal Trade Commission has proposed four privacy dimensions that promote fair information practices. These dimensions include: (1) notice/awareness, (2) access/participation, (3) choice/consent, and (4) security/integrity. An electronic storefront was developed to include these privacy dimensions as part of a study to learn how privacy influences trust and, in turn, how trust influences behavioral intentions to purchase online. The empirical evidence from this study strongly suggests that electronic businesses can benefit by including these privacy dimensions in their Web sites. This chapter will focus on how these dimensions can be implemented within an electronic storefront.


2005 ◽  
Vol 24 (2) ◽  
pp. 273-283 ◽  
Author(s):  
Kim Bartel Sheehan

Overall, consumers are concerned about the privacy of their personal health information. However, they are also active seekers of health care information online. Many of these information searches lead consumers to Web sites sponsored by pharmaceutical companies that provide information about drugs that are available only through prescription. Many of these Web sites collect personalized information about site visitors to facilitate information exchanges between visitors and site sponsors. This study examines the types of information collected at Web sites that promote product-claim drugs and studies the privacy notices that such sites provide. The author evaluates the degree to which such notices comply with Federal Trade Commission Fair Information Practices. Drug Web sites collect a range of information through a variety of interactive methods. The Web sites have relatively high compliance with two of the Fair Information Practices, notice and choice, but they have poor compliance with the access and security Fair Information Practices. In addition, readability of the policies is low. The author discusses implications for the industry and public policy.


Author(s):  
Alan R. Peslak ◽  
Norbert Jurkiewicz

This article is a review of Internet privacy policies of the world’s largest companies. The report begins with a background on the right to privacy and privacy issues arising out of Internet usage. Attempts to regulate Internet privacy and self-regulatory effectiveness are also reviewed. The methodology for this study is to update and extend Internet privacy analysis by analyzing websites of the largest international companies (the Forbes International 100) for inclusion of fair information practices. In addition, a collection of consumer centered practices is defined and studied. The study was initially done in 2004 but the same companies were revisited and reviewed in 2006. Though there was some improvement in results over the approximately two year period, the general finding remains that within the Forbes International 100, fair information practices and consumer centered privacy policies are not being closely followed. It is also found that large US firms are more likely to publish a privacy policy on their website than non-US firms. Finally, if a large international firm does publish a privacy policy on its website, the level of compliance with fair information practices and consumer centered policies is not significantly different between US and non-US firms. Implications of the study for researchers and practitioners are reviewed.


2018 ◽  
Vol 18 (1) ◽  
pp. 96 ◽  
Author(s):  
Belinda Reeve

This paper examines regulation of alcohol advertising regulation in Australia. Specifically, it considers whether the alcohol industry’s code of conduct, the Alcohol Beverages Advertising Code (‘ABAC’) operates as an effective form of industry-based regulation, focusing on provisions that prohibit alcohol advertising in media directed to children and young people, and advertising content or messaging that appeals to minors. The paper sets out a framework for effective self-regulation and applies it to the substantive provisions and regulatory processes established by the ABAC Scheme. The paper finds that the substantive rules found in the ABAC contain a number of significant loopholes, including a failure to adequately restrict the placement of alcohol promotions or to regulate alcohol industry sponsorship. Further, the ABAC Scheme lacks independent administration, systematic monitoring, or meaningful sanctions for responding to non-compliance. Accordingly, regulatory processes lack transparency and accountability, undermining the credibility and efficacy of the Scheme. The paper concludes by outlining a phased or responsive approach to creating a regulatory regime that protects young people more effectively from exposure to alcohol marketing.


Based on the recognition that neither the command-and-control nor the self-regulation mode based regulation can accommodate the ever growing complexity of the financial market, this chapter argues that a new regulatory regime is needed. This chapter discusses the four theoretical concepts -- governmentality, reflexivity, responsive regulation and ‘smart’ regulation – that anchor a proposed alternative “smart” regulatory framework.


Author(s):  
Ann Cavoukian

This chapter traces the origins of the Privacy by Design (PbD) concept and leadership by the Office of the Information and Privacy Commissioner (IPC) of Ontario, Canada, from the mid-1990s to the current day (2011), with specific attention to three major themes: The evolution of PbD from its early emphasis on information technologies, which also apply to organizational practices and processes, and to broader information eco-systems and architectures; The evolution of the need to articulate and promote a set of universal principles to help guide the design of privacy, from Fair Information Practices to PbD’s 7 Foundational Principles; An account of the evolving work of the IPC in support of the new or “enhanced” FIPs that were codified in the PbD Foundational Principles. The chapter will outline recognition for PbD received, and the challenges ahead.


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