The quarterly publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/411912
WWW.ILTANET.ORG 67 For the past few years, I've been talking up privacy. Why? Because people I know have been the victims of stalkers, identity theft and worse. Someone recently asked me to help her identify how much and what type of information about her was discoverable to the public. It took less than two minutes to find current and past addresses, her unlisted telephone number, date of birth, marital status and much more. Where does this information come from, and who has access to it? It might be surprising to learn that your personal information can be easily obtained from one of the hundreds and possibly thousands of data brokers that collect and sell data points about each one of us. "DATA BROKERS" DEFINED "Data brokers," also known as information brokers, collect, categorize and sell information about people and businesses. The brokering of data is big business. One of the principal players in this arena is Acxiom, which posted approximately one billion dollars in revenue in 2013. To my knowledge, Acxiom also has the distinction of being the only data broker that has a pop song written about it. Singer/songwriter Vienna Teng recorded the song "The Hymn of Acxiom." The lyrics, written from the perspective of Acxiom, include: "Leave your life open, you don't have to hide. Someone is gathering every crumb you drop, these (mindless decisions and) moments you long forgot. Keep them all." These lyrics are superimposed on a mesmerizingly harmonic chant, so the listener can be beautifully lured into complacency. What's just as interesting is most people have no idea what Acxiom is or how much information the company has stored on each of us. Many more data brokers are actively gathering, analyzing, housing and selling your personal information. The Privacy Rights Clearing House website currently provides a list of 268 data brokers. Some of the brokers listed allow you to opt out, while others do not. WHAT DATA DO THEY COLLECT? Data brokers collect as much information about you as they can find. Make no mistake about it, they are experienced at finding all types of information. Some data brokers collect roughly 3,000 data points about each person. These data points include age, race, marital status, education level, income, purchasing habits, charitable causes you support, your friends, hobbies, medical concerns or conditions, if you are pregnant or likely to be pregnant, if you are interested in weight loss and even if you cheat on your spouse or are likely be get a divorce. (Yes, a data broker allows you to look up your spouse by email address to uncover clandestine photos or posts.) These are just a few of the data points stored, aggregated and sold. According to the website About the Data, a website owned by Acxiom, data points fall into one of two categories: • Core data, which might include hard facts such as your name, address, phone number and demographic data • Derived data and modeled insights, which refers to things about you such as your habits and lifestyle choices This information helps businesses target likely candidates for their products or services, allowing them to skip consumers who might not be interested in their wares. HOW IS YOUR DATA OBTAINED? Every time you fill out a product warranty or survey, you can safely bet the information will become part of a data set about you. Data brokers collect data from telephone directories, online photo albums, marketing surveys, loyalty cards, mailing lists, government censuses, real estate listings, Internet searches, public records, business websites, financial information, voting history and consumer purchase data. These brokers access court records, bankruptcy filings, driving records and social media. What is especially alarming is these brokers sometimes collaborate to compile a composite picture of each individual's demographics. Grocery store loyalty programs and credit card purchases are also ways in which data are collected. Think about the loyalty and reward programs in which you participate. These programs can save a lot of money on groceries, gasoline and even frozen yogurt, but there is most definitely a cost. Every time you purchase items — anything from junk food to alcohol, pregnancy kits and prescription medicine — that information can be tracked. You might wonder who wants to know this you. How about your health insurance provider, for example? There are a plethora of companies — some with which you engage and others you don't — that want to know more about you. Remember that you have a hand in sharing your own personal data. We post our likes, dislikes, friends, families, pictures and even what we have for dinner at regular intervals online. We post on Twitter, Facebook, Instagram, LinkedIn and more — and it's all tracked. HOW ARE YOUR DATA USED? Have you been targeted by email or online ads for health issues, such as diabetes medicine, heart attack prevention or weight loss? If so, those targeted ads are the result of information collected about you by a data broker or from recent Internet searches. Companies purchase lists from data brokers that focus on information about people for targeted ad campaigns or for consumer research. About the Author Donna Payne, CEO of PayneGroup Inc., is a recognized expert in the IT field, with specialization in legal software and technology. Most recently, she has conducted a roadshow on privacy and how to regain at least some of your data security. Donna is the author of 13 books and the founder of PayneGroup. In 2013, ILTA presented her with the Vendor Thought Leader of the Year award. Some other awards she's received include the first-ever Lex Proficio award for lifetime achievement (ABA) and LTN's innagural Consultant of the Year. Contact her at donnapayne@thepaynegroup.com.