Modern Australian
The Times

How one simple rule change could curb online retailers' snooping on you

  • Written by Katharine Kemp, Senior Lecturer, Faculty of Law & Justice, UNSW, UNSW

I spent last week studying the 26,000 words of privacy terms published by eBay and Amazon, trying to extract some straight answers, and comparing them to the privacy terms of other online marketplaces such as Kogan and Catch (my full summary is here).

There’s bad news and good news.

The bad news is that none of the privacy terms analysed are good. Based on their published policies, there is no major online marketplace operating in Australia that sets a commendable standard for respecting consumers’ data privacy.

All the policies contain vague, confusing terms and give consumers no real choice about how their data are collected, used and disclosed when they shop on these websites. Online retailers that operate in both Australia and the European Union give their customers in the EU better privacy terms and defaults than us, because the EU has stronger privacy laws.

The Australian Competition and Consumer Commission (ACCC) is currently collecting submissions as part of an inquiry into online marketplaces in Australia. You can have your say here by August 19.

The good news is that, as a first step, there is a clear and simple “anti-snooping” rule we could introduce to cut out one unfair and unnecessary, but very common, data practice.

Deep in the fine print of the privacy terms of all the above-named websites, you’ll find an unsettling term.

It says these retailers can obtain extra data about you from other companies, for example, data brokers, advertising companies, or suppliers from whom you have previously purchased.

Read more: It's time for third-party data brokers to emerge from the shadows

eBay, for example, can take the data about you from a data broker and combine it with the data eBay already has about you, to form a detailed profile of your interests, purchases, behaviour and characteristics.

The problem is the online marketplaces give you no choice in this. There’s no privacy setting that lets you opt out of this data collection, and you can’t escape by switching to another major marketplace, because they all do it.

An online bookseller doesn’t need to collect data about your fast-food preferences to sell you a book. It wants these extra data for its own advertising and business purposes.

Empty Amazon packaging Online shopping leaves a digital paper trail as well as empty boxes. STRF/STAR MAX/IPx/AP

You might well be comfortable giving retailers information about yourself, so as to receive targeted ads and aid the retailer’s other business purposes. But this preference should not be assumed. If you want retailers to collect data about you from third parties, it should be done only on your explicit instructions, rather than automatically for everyone.

The “bundling” of these uses of a consumer’s data is potentially unlawful even under our existing privacy laws, but this needs to be made clear.

Time for an ‘anti-snooping’ rule

Here’s my suggestion, which forms the basis of my own submission to the ACCC inquiry.

Online retailers should be barred from collecting data about a consumer from another company, unless the consumer has clearly and actively requested this.

For example, this could involve clicking on a check-box next to a plainly worded instruction such as:

Please obtain information about my interests, needs, behaviours and/or characteristics from the following data brokers, advertising companies and/or other suppliers.

The third parties should be specifically named. And the default setting should be that third-party data are not collected without the customer’s express request.

This rule would be consistent with what we know from consumer surveys: most Australian consumers are not comfortable with companies unnecessarily sharing their personal information.

There could be reasonable exceptions to this rule, such as for fraud detection, address verification or credit checks. But data obtained for these purposes should not be used for marketing, advertising or generalised “market research”.

Can’t we already opt out of targeted ads?

Online marketplaces do claim to allow choices about “personalised advertising” or marketing communications. Unfortunately, these are worth little in terms of privacy protection.

Amazon says you can opt out of seeing targeted advertising. It does not say you can opt out of all data collection for advertising and marketing purposes.

Similarly, eBay lets you opt out of being shown targeted ads. But the later passages of its Cookie Notice state:

your data may still be collected as described in our User Privacy Notice.

This gives eBay the right to continue to collect data about you from data brokers, and to share them with a range of third parties.

Many retailers and large digital platforms operating in Australia justify their collection of consumer data from third parties on the basis you’ve already given your implied consent to the third parties disclosing it.

That is, there’s some obscure term buried in the thousands of words of privacy policies that supposedly apply to you, which says that Bunnings, for instance, can share data about you with various “related companies”.

Of course, Bunnings didn’t highlight this term, let alone give you a choice in the matter, when you ordered your hedge cutter last year. It only included a “Policies” link at the foot of its website; the term was on another web page, buried in the detail of its Privacy Policy.

Such terms should ideally be eradicated entirely. But in the meantime, we can turn the tap off on this unfair flow of data, by stipulating that online retailers cannot obtain such data about you from a third party without your express, active and unequivocal request.

Who should be bound by an ‘anti-snooping’ rule?

While the focus of this article is on online marketplaces covered by the ACCC inquiry, many other companies have similar third-party data collection terms, including Woolworths, Coles, major banks, and digital platforms such as Google and Facebook.

Read more: Here's how tech giants profit from invading our privacy, and how we can start taking it back

While some argue users of “free” services like Google and Facebook should expect some surveillance as part of the deal, this should not extend to asking other companies about you without your active consent.

The anti-snooping rule should clearly apply to any website selling a product or service.

With lockdowns barring many of us from visiting physical shops, we should be able to make purchases online without being unwittingly roped into a company’s advertising side hustle.

Authors: Katharine Kemp, Senior Lecturer, Faculty of Law & Justice, UNSW, UNSW

Read more https://theconversation.com/how-one-simple-rule-change-could-curb-online-retailers-snooping-on-you-166174

Diesel Shortage to Impact Trades and Contractors

Strait of Hormuz blockage affecting all major parts of trades and construction Trades and construction across residential, commercial and industria...

Why Holiday Home Owners Turn to Rental Management Agents

The Allure — and the Reality — of Renting Out Your Property Owning a holiday home is a dream for many Australians. Whether it's a beachside sha...

Why Finding Reliable Doctors In Bundoora Is Important For Long-Term Health

Access to quality healthcare plays an important role in maintaining overall wellbeing and managing health concerns early. Trusted Doctors in Bundoor...

Understanding the Different Types of Car Services: Minor vs Major

When it comes to car maintenance, one of the most important things every vehicle owner should understand is the difference between a minor and a maj...

How Superannuation and TPD Insurance Work Together

Superannuation is an essential part of financial planning in Australia. It is designed to provide individuals with income during retirement, helping...

Tiny Towns funding granted for Mt Hotham and Mt Buller upgrades

Alpine Resorts Victoria (ARV) has welcomed funding support from the Victorian Government’s  Tiny Towns Fund, with both Mt Hotham and Mt Buller se...

Locksmith Services: Why Professional Security Solutions Matter More Than Ever

Security is a critical concern for homeowners, businesses, and vehicle owners alike. Whether it involves protecting a property, replacing damaged lo...

Why Tooth Fillings Are Important For Protecting Damaged Teeth

Cavities and minor tooth damage are common dental problems that can worsen if left untreated. Professional tooth fillings help restore damaged teeth, ...

The Connection Between Visibility and Driver Confidence

Operating a vehicle safely requires an immediate, uncompromised stream of visual information from the surrounding road environment. A driver's decis...

Important Things To Know Before Starting An SMSF Setup

Planning for retirement requires careful financial decisions, and many Australians are now looking for more direct control over how their superannua...

Why Retail Cleaning Plays a Key Role in Customer Experience and Business Success

Professional retail cleaning services are an essential part of maintaining a welcoming, safe, and professional environment for customers and staff...

Simple Ways to Make a Commercial Property More Appealing to Buyers

Selling or leasing a commercial property isn’t just about listing the square metres, taking a few photos and waiting for the right person to appea...

What Café Owners Should Know Before Upgrading Their Display Setup

A café display fridge does a lot more than keep cakes cold and sandwiches fresh. It quietly shapes the way customers browse, the way staff move beh...

Creating a Backyard That Feels Comfortable All Year Round

A great backyard doesn’t need to be huge, expensive or perfectly styled. Most of the time, the spaces people actually use are the ones that feel e...

How Homeowners Can Make Smarter Energy Decisions Before Upgrading

Energy upgrades used to feel like something you only looked into after a power bill gave you a nasty surprise. These days, though, more homeowners a...

Why Retail CX Breaks During Peak Sales Events and How to Prevent It

Retail customer experience has become one of the most important drivers of revenue growth, especially during high-intensity sales periods. However, ev...

15 South Indian Dishes Everyone Should Try

If your only experience of "Indian food" is butter chicken and garlic naan, South Indian cuisine is going to feel like discovering an entirely new c...

What Every Homeowner Should Know About Roof and Drainage Maintenance

A home's roof and drainage system work together every day to protect the property from water damage. While many homeowners focus on visible areas such...