Experts say digital privacy slip-ups are not acceptable; costly for consumers, companies

New digital services cannot test privacy by trial and error and revealing private information online—by mistake or negligence—can deliver lasting negative effects on companies and users, privacy experts warned at a public consultation in Montreal Wednesday. Experts made the comments at a panel discussion on consumer information, datamining and analytics as part of the Office of the Privacy Commissioner’s public consultation on online tracking, profiling and targeting. Jean-Marc Dinant, research director at the University of Namur in Belgium, said companies often operate on a “trial and error” basis when introducing new services and applications that can impact consumer privacy. “It’s not a lab where you can do anything. Trials, mistakes? No. You are really touching . That is a fundamental right,” he said. “I am a little bit irritated by companies that try and then the reaction. If there is a strong reaction, they will modify their plans. Individuals have to defend themselves and their fundamental rights, but I have the impression that governments should protect our fundamental rights. Those people who those trials in matters of human rights should be punished,” Dinant said. The panel was particularly critical of Google Buzz. In February 2010, Canadian Privacy Commissioner Jennifer Stoddart said she was “disappointed” with Google Inc.’s new Twitter-like application. The commissioner’s office said some Gmail users reported being automatically assigned a network of Buzz “followers” based on their existing email contacts. Google later altered the service to allow users to pick their own networks. “We quickly realized that we didn't get everything quite right. We're very sorry for the concern we've caused and have been working hard ever since to improve things based on your feedback. We'll continue to do so,” Gmail and Google Buzz product manager Todd Jackson wrote on the official Gmail blog Feb. 13. Karen Eltis, associate professor of law at the University of Ottawa, said the effects of the slip-up will be felt for years. “Companies understand there is an important price to be paid for these mistakes,” she said. “ with Google Buzz there were revelations that will have consequences for years to come in many aspects of the lives of those individuals. The price is not only financial.” Dinant said the Google Buzz mistake will ultimately hurt Google. “The investment to re-shine your reputation can cost a lot. This system of trial and error something that will be quite costly to Google,” he said. Jackson told the BBC in February that tens of millions of Gmail users were "rightfully upset" and that Google was "very, very sorry" about the mistake. "If it becomes clear that people don't think we've done enough, we'll make more changes," Jackson said. But Jeff Jarvis, popular blogger and journalism professor at City University of New York, told The Wire Report Tuesday that government regulators should realize that they cannot “package and perfect the world,” and that technological development needs enough space to experiment and make mistakes. “That’s the only way you’re going to grow. So I think government regulators should not make technology companies scared of development. That’s the worst thing they could do,” Jarvis said. Suzanne Morin, assistant general counsel and privacy ombudsman at Bell Canada, said on the panel Wednesday that companies that make such mistakes can suffer from a loss of customers. “Social networks learn as they grow. Is it a good or a bad thing? I don’t know. We still haven’t found the right balance for this new phenomenon, because at the end of the day, somebody must pay for all those tools, applications, servers and so on,” she said. “Yes, it is possible that mistakes will be made, some of them serious, but the law is the law. If a company does not the law, users will go somewhere else.” Eltis suggested that part of the problem lies with outdated privacy laws. “The problem is that we are holding on to this old model of laws and standards, a model which is a heavy burden and creates mistakes,” she said. “We have to change the way of thinking and create a model that has a more simplified way of thinking, which finally will be as good for the users as it will be for the companies that depend on these users.” kfournier@thewirereport.ca

Experts say digital privacy slip-ups are not acceptable; costly for consumers, companies

Broadcast | May 19, 2010

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