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Unit 12: Customer Privacy




          The loss of privacy leads to inefficiency in information flows, just as excessive privacy protection  Notes
          may. One of the predictable results of third party monitoring of telephone calls  is to  force
          speakers to disguise or modify their communications in order to keep them secret.
          Partly in  response to economic and social needs, many transactions  have been specifically
          accorded special common-law informational protection known  as “privileges,”  e.g., between
          attorney-client, patient-doctor, citizen-census taker, penitent-clergy, etc. The idea in each case is
          that the protection of information leads to an economically and socially superior result even if
          it is inconvenient to others in an individual instance.
          “There is no Demand for Privacy.” This objection views privacy as an issue of concern only to
          a  small elite group. But to the contrary, attention to privacy is widely shared. For  example,
          according to information from the New York Telephone Co., of  a few  years ago, 34% of all
          residential households in Manhattan and 24% of all its residential households in the State had
          unpublished telephone numbers at subscriber’s request. Most policemen, doctors, or judges, to
          name but a few professions, have unlisted numbers. On the West Coast, the spread of unlisting
          is still further advanced, reaching 55% in California! It should be noted that it costs extra to be
          unlisted. In other words, a large number of customers are willing to pay in order to increase its
          privacy. With more than half of the population willing to do so, it becomes impossible to keep
          denying that privacy is an important issue.

          12.1.3 Empowering Customers in India - Indian Privacy Law Set to Change
                 Landscape

          India is gearing up for enhanced privacy laws that protect customers. This can be a landmark
          legislation that can have lasting impact on consumers, data protection, data sharing and use of
          personal data & information.
          India has a not been privacy friendly state. Data sharing and exchange is done freely and hence
          it is not surprising to find personal information being freely available for a few cents.  The
          proposed act or legislation seems to be all encompassing and can have a lasting impact. Take a
          look at some of the recommendations:
          1.   Currently, in India there is no legislation for protecting the privacy of individuals for all
               information that may be available with private entities. The legislation proposes to bring
               this to force.
          2.   Choice and consent of the individual before his/her personal information is collected
          3.   Information should be used only for the purpose it was collected
          4.   The individual should have access to his/her information at any time. He/she must be
               enabled to update or correct the information
          5.   Data controller would be transparent in his working as regards to the collection of personal
               data
          6.   Data controller is primarily responsible for its safety and use
          The framework proposes:
          1.   All forms of identifiable data should be protected against under the right to privacy.
          2.   It goes on to define what is personal data...”to be able to identify a person, information
               need not necessarily be objective identification such as a person’s name, but can be subjective
               information such as the opinion that a person is a “reliable” borrower or that a person is
               “expected to die of a terminal disease”. It is also important to bring all personal information
               within this definition regardless of the format in which the information is stored.”




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