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Unit 12: Customer Privacy




          A second objection is that consumers have asymmetric knowledge relative to business about the  Notes
          value of their personal information, and that they  consequently would be exploited (Gandy,
          1996). The holders of this view discount the information-revealing process of competition. They
          must assume chronic oligopolistic behaviour by business  firms. Because such asymmetry  in
          information would extend to all other  dimensions of  transactions as well, this  view, to be
          consistent must be deeply skeptical of informed consent in consumer transactions generally.
          The third objection to transactions in privacy  is that they disproportionately harm the poor.
          Here, it is believed that it is especially those suffering from financial pressures and ignorance
          will sell their privacy rights to rich individuals and institutions. It is, of course, true that a poor
          person’s priorities may often not include privacy protection.  (In other  cases, however,  the
          opposite may hold and poor people need privacy more than those  who can afford to create
          protective physical and organizational walls for themselves.) On  the other  hand, the  same
          poverty condition may also make a poor person an unattractive target for a commercial intrusion.
          Telemarketers will prefer to make a pitch to individuals who can afford their products. The poor
          are best helped by money;  to micromanage their condition through restricting their right to
          transact may well end up a patronizing social policy and inefficient economic policy. This leads
          to a conclusion that privacy, being a broad umbrella for a variety of issues, cannot be dealt with
          in a single fashion. Where transactions are not forthcoming, indicating  a structural  market
          failure, (perhaps due to monopoly or high transaction costs), or where negative externalities are
          large, regulations can be appropriate that reflect the policy preferences of the community for
          privacy and as well as for other values. But it must be recognized that, given the initial logic of
          the exchange  transactions, they  will find  a  way  to assert  themselves in other  ways,  thus
          undercutting the actual effect of the restriction and leaving them more in the nature of a societal
          statement of intent.
          But where the level of privacy protection can be readily set by free exchanges among individuals
          there is no reason for state intervention, and one should instead strive to eliminate constraints
          against such transactions.
          Those who believe that the market approach to privacy protection is overly generous to business
          violators of personal privacy might find themselves pleasantly surprised because the tools of
          access control will have shifted the balance of power to individuals and to the protection of
          privacy. Indeed, it will be the business users of personal information who will end up objecting
          to transactions. They  are, of course, worried that while they (together  with politicians and
          parties) have today relatively free access to individuals or to data about them, a system where
          they might have to pay compensation in return for consent might become expensive. They are
          correct, but what can they do about it? Access to an individual, even if sanctioned by law, will
          require the latter’s cooperation. Right now, individuals do not yet have effective means to make
          those  desiring personal  information compensate  them. But  the tools to change this, such as
          encryption or caller identification, are here or near. Soon, equipment makers and communications
          service providers will enable consumers to conveniently sell access. And when this happens,
          those marketers who claim to live by the free market will also have to play (and pay) by its
          rules. The advent of low-cost technology for manipulating and communicating information has
          raised significant concerns about personal privacy. Privacy is a complex issue and can be treated
          from  many  perspectives; this  unit  provides  an overview  of  some  of  the  economic  issues
          surrounding privacy.

          In particular, we first  describe the role of privacy in  economic transactions and argue  that
          consumers will rationally want certain kinds of information about themselves to be available to
          producers and want other kinds of information to be secret. We will then consider how one
          might  define property rights in private information in ways that allow consumers to  retain
          control over how information about them is used.





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