TITLE

Privacy Patchwork

AUTHOR(S)
Friel, Alan L.
PUB. DATE
November 2004
SOURCE
Marketing Management;Nov/Dec2004, Vol. 13 Issue 6, p48
SOURCE TYPE
Periodical
DOC. TYPE
Article
ABSTRACT
This article relates several legal issues concerning marketing that U.S.-based companies should be aware of, as of November 2004. Recent state legislation has created a patchwork of Internet laws regarding privacy, security, and online advertising similar to those in thee-mail arena prior to the federal CAN SPAM Act. These regulations create a maze of obligations for companies that have corporate Web sites or use the Internet to communicate with consumers. Marketing managers need to be aware of recent legal changes in privacy policies, direct marketing, cyber-security, and certain forms of online advertising. In the early days of the Web, the general rule was that U.S.-based companies disclosed what personally identifiable information (PII) was collected and how it was used within their privacy policies. Most companies are familiar with the requirements that came from the first wave of regulations, regarding marketing to children, healthcare information, or financial information. More recently, there is a growing trend to require specific disclosures, notifications, and opt-in/opt-out requirements. Beginning in 2005, a California statute will allow customers to demand that companies provide information about what PII has been given to direct marketers and which marketers the information was given to in the preceding calendar year. The U.S. Federal Trade Commission has promulgated guidelines requiring that Web sites maintain and disclose security procedures. Any representation of security will be taken to mean that the company has designated personnel to run a security program and complies with the guidelines.
ACCESSION #
15309814

 

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