Personal information about you can be as valuable as gold in the business world. Like any product, that information can be packaged, bought and sold to others. When it happens without your consent, the result can be a pain in your pocketbook, wasted time, and a feeling that your privacy has been violated.
People often provide personal information without thinking about it, or without knowing that the information can be used in ways they never intended. This can happen in the course of common commercial activities such as sending in a magazine subscription, filling out a product warranty card, applying for a loan or purchasing a product on the Internet. Your name, mailing address, e-mail address, telephone number or other requested information can end up on lists that are the likely source of unsolicited offers.
Many companies operate under the assumption of “implied consent” or “silence is consent” regarding the use of personal information. This means they decide how to use your data unless notified otherwise. Although many companies may use personal information to simply process an order or keep consumers informed of new products, promotions or services, there is no way to be sure until they tell you.
Some companies inform consumers of their information practices through privacy policies. On the Internet, access to privacy policies (or privacy statements) is usually located at the bottom of a web site’s home page (double click on the terms relating to “privacy”). Privacy policies are company specific statements that describe how personal information is used and with whom it might be shared or sold. Although many leading companies and popular web sites have privacy polices, only financial institutions (including brokerages and insurance companies) are currently required by law to have them.
In addition to the personal information you provide to companies, other sources of personal information include the Internet and the tons of discarded mail and other personal papers we put into our trash or recycling bins each year. Searching the Internet or mining the trash for personal information are techniques commonly used by those who may try to steal your identity for personal gain.
The Attorney General’s Office has responded to the privacy issue be sponsoring and supporting legislative solutions and by taking enforcement actions where appropriate. In addition, the Attorney General’s Office in conjunction with the University of Washington's Shidler Center for Law Commerce and Technology released a report [PDF format] in 2002 containing suggested “best practices” for businesses wishing to develop privacy policies for their customers.
In addition to these efforts, there are many other things you can do to take control of your personal information, reduce the risk of identity theft, and limit the personal intrusions that can result when your information is shared with telemarketers and other third parties. You may want to begin by reading our short list of Tips for Identity Theft/Privacy.
If you take these steps but find that some of your personal information has still gotten into the hands of telemarketers, you may want to add your phone number to the Federal Trade Commission’s Do Not Call Registry by visiting www.donotcall.gov or by calling 1-888-382-1222 (TTY 1-866-290-4236).
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Be Careful With Your Information
If information is requested from you in connection with a business transaction, ask yourself (and the person requesting it) if providing that information is essential to complete the transaction. Also, before discarding them, be careful to shred unsolicited credit card offers and other documents that contain your name, addresses and other personal information.
Privacy Policies and "Opt Out"
Take time to read the privacy policies of the companies you do business with, and understand how each intends to use your personal information. If you are unable to locate a company privacy policy—either on line or elsewhere—contact the company via e-mail, telephone or regular mail and ask them if they have a privacy policy. If they do, ask them how to obtain a copy. If a company does not have a privacy policy, you may want to consider limiting the amount of personal information you give them.
If you want to limit how your personal information is used, look for an “opt-out” provision and instructions on how to exercise this option. By opting out, you request that personally identifiable information not be shared or sold. It’s a way to limit the use and disclosure of your personal information beyond the original, primary purpose for which it was collected.
If a company does not allow you to opt out, you may want to limit the amount of personal information you share with them. If a company requires that you “opt in” to having your information disclosed (i.e. in order for them to disclose your information, they require that you affirmatively give them permission to do so), you may want to consider not giving them permission, and thereby protecting your information.
The majority of companies do not use the “opt in” method, but rely on the consumer to opt out of having his or her information shared. Since most companies have different methods for opting out, consumers should contact companies directly for specific opt-out instructions if they are not included in a privacy policy. If you have any difficulty obtaining opt-out instructions or are receiving unsolicited offers of unknown origin, there are some very good privacy resources on the Internet that can help you generate various types of opt-out forms. Examples of these forms can be found on the Privacy Rights Clearinghouse and the Center for Democracy and Technology web sites.
Another way to reduce the amount of personal information shared about you—and to reduce the amount of unsolicited credit card offers you receive in the mail—is to contact the three major credit bureaus and ask to opt out of the pre-approved credit lists they sell to companies. You may do this by phone by calling 1-888-567-8688. Since this "opt-out" option may expire after two years, remind yourself to do it again.
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