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PRIVACY AND E-COMMERCE presented at the IEEE CONFERENCE IN EDMONTON

May 10th, 1999

By Catherine Johnston, President & CEO, The Advanced Card Technology Association of Canada

Good morning. I would like to thank the program committee and in particular Des Fernando, for arranging my participation today. I applaud you for coming out to this session, because I'm not sure I would be keenly interested in a topic of privacy and e-commerce.

In spite of that, the topic is interesting because it incorporates two very misunderstood and sometimes misrepresented terms. Let's start with privacy. With all the things you worry about, where does privacy rank? How many of you think, "I have nothing to hide"? Personally, I always think there is nothing remarkable about my life, so who would be interested? When we think of privacy, we think of keeping things secret or at least confidential.

Today the term is used to cover much broader risks. In addition to keeping highly personal information secret, we are also concerned about what information exists about us, who and how many people have it and if it is accurate, complete and timely. Technology makes it very difficult for any of us to answer those questions and as a result, consumers are becoming increasingly more concerned about what they call privacy.

We have all heard stories about inaccurate information. For example, the person who received a parking ticket based on a license plate number inaccurately recorded, even though the person was not even in that city on that day. The repercussion here is that the person must take the time to fight the ticket. Let me tell you about a more serious case.

A man in the United States had a medical test and a result was coded incorrectly on his chart. The information was relayed to his employer's insurance company. As a result, the employee's medical insurance was cancelled and the employer was notified. Without insurance, he could not keep his position. It gets worse. Every time he applied for a new job, his medical records were brought forward, he was denied insurance and as a result, this man became unemployable.

Here is a case where the insurance company thought it knew the test results, but they had inaccurate data. Even though this was a true story, let's change it slightly to look at other possibilities. What if the hospital had caught the mistake and corrected their records? The incorrect data had been sent to many other places. The hospital could not possibly know how broadly the information had been distributed and therefore could not correct records out of their control.

I only have 15 minutes, so I won't give you examples of the consequences of information that is incomplete or out of date, but I'm sure you have heard stories. I do however, want to identify two other risks.

The first is that perfectly valid information about someone else is mistakenly attached to you. How many of you have gotten phone calls from companies that think you owe them money, when indeed it is someone else with a similar name? A dangerous spin on this is when someone deliberately steals your identity. This is one of the fastest growing frauds of this decade.

Technology has caused us to lose control of our personal information. We are all well aware that the Internet is the fastest growing communication tool in the world. As millions of people use the Internet for a variety of reasons, they are giving away personal information, usually without their knowledge or consent. Consumers often divulge personal information to enter online contests, apply for discounts or register to use certain web sites. It is a common misconception that this information remains confidential. In reality this information can be collected, stored and even purchased without the consumer's knowledge or consent.

Some of these seemingly innocent transactions could come back to haunt you. According to an article in the Toronto Star last Friday, consumers should be aware of the minefield of personal data available on the web. David Sobel, Chief Council to the US Electronic Privacy Information Centre warns that in 5 or 10 years, it could become routine for a potential employer to query web databases to determine whether an applicant frequents certain types of web sites.

You must wonder to yourself how easily accessible personal information might be. Surely the common web user can't easily access information about you. Sorry, it's easier than you think. There are examples of emails and other personal information that have been uploaded to web pages and finding them is as easy as entering a name into a search engine. Even Social Insurance Numbers can be found online. One web site displays the social insurance numbers of Bill Gates, retired General Colin Powell, investor Warren Buffett and a California senator.

According to Barry Steinhardt, Associate Director of the American Civil Liberties Union, the advent of the internet means, "It is easier to collect, store and cross reference personal information about individuals. The Technology for data collection has developed far more rapidly that the law that protects us against the misuse of data and against the collection of the data without our consent."

Not everyone shares Mr. Steinhardt's concern. James Warren, founder of the annual Computers, Freedom and Privacy conference, feels that along with intrusions in privacy come the solutions. His suggestion is to use cryptography - the technology for scrambling and unscrambling digital communications. He believes that if cryptography were incorporated into computers and networks, most of the privacy problems would go away. I can't support that theory.

The idea of technology and the invasion of privacy tend to remind us of the classic book, '1984', revealing a world in which Big Brother watches every move. Let's take a look at that from a realistic perspective. On your way into work you stop to buy gas and pay for it with a credit card. You go out for lunch and pay for it with your debit card. So far the capture of your information seems to be a simple tracking of your purchase patterns and where you were at specific times. Now, let's say you purchase an item online. Not only do you give your name and card number, you also provide your address for delivery purposes.

Over time, you provide a great deal of information about yourself. E-commerce may require that even more information be provided as a way to authenticate the participants.

So what is the solution? We are not going to return to a world where all purchases are paid for with cash and merchandise taken with us. We are far too enamored of the conveniences of technology. E-commerce is growing rapidly in the business-to-business sector, but privacy concerns are slowing down the emergence of consumer to business e-commerce.

Around the world, governments are dealing with privacy issues by developing regulations and legislation. The European Directive and the desire of non-union countries to maintain a favourable trading relationship, drive much of this activity. In Canada, we are introducing federal private sector privacy legislation. Most provinces have public sector legislation but the Province of Quebec is the only one to deal with the private sector.

Legislation will only be effective if it is clear, there are adequate penalties for breaches of the law and the penalties are applied. From the consumer's side, we must be more aware of what information we provide and question why it is being requested. For example, when we buy batteries at Radio Shack, and pay for them with cash we should not give them our address, simply because they ask for it. Businesses and governments must give thought to the information they collect. They should ask for only the specific information they require, they should tell the consumer what they intend to use the data for and ask their permission for any secondary use.

No longer is it the paranoid conspiracy minded individual who worries about the tracking and collection of all personal data. It is a fact that personal information is now big business. It is gathered, collected and sold. Personal information related to spending trends helps marketing firms to create better, direct, and more cost effective marketing strategies. While this may be a terrific new business tool for some, the benefit does not necessarily outweigh the social cost. The public will not trade privacy for increased corporate profit margins. This is where legislation comes into play. Legislators must create fair laws to ensure the proper and ethical management of personal information. If not, the old saying, 'caveat emptor - let the buyer beware' will take on a new meaning.

Good privacy practices will be the foundation for good e-commerce.

Catherine Johnston
President & CEO
Advanced Card Technology Association of Canada
905 426-6360


ACT Canada is an international non-profit association for the advancement of card technologies. We work on behalf of our members to promote the awareness, understanding and use of all advanced card technologies; including optical, smart, capacitive and emerging technologies. If you would like to learn more about ACT Canada membership please visit the membership section of our web site or contact our office at (905) 426-6360.



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