privacy issues in market research duane l. berlin, esq. general counsel, casro principal, lev &...

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Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August 2007 Lev & Berlin, P.C.

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Page 1: Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August

Privacy Issues In Market Research

Duane L. Berlin, Esq.

General Counsel, CASRO

Principal, Lev & Berlin, P.C.

PL&B Annual

ConferenceCambridge, MA

22 August 2007

Lev & Berlin, P.C.

Page 2: Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August

We’re the people who ring you at dinnertime

Quantitative – surveys

Qualitative – focus groups

Data collection methods

In-person — door-to-door; mall intercept; focus group facility

Telephone

Mail

Fax

Internet

Anonymous random samples

Third-party lists

Page 3: Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August

Anonymity is a fundamental principle

Industry standards and ethical codes of conduct predate most privacy laws

Anonymity and data quality go hand in hand

Personal information stripped from data files

Responses reported in aggregate to research sponsor

Page 4: Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August

Anonymity is a fundamental principle

Respondents’ personal data may be disclosed to research client or third parties when:

Respondents consent

Information is used only for research purposes (e.g. no direct marketing)

Page 5: Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August

Telephone response rates falling precipitously

Consumers bombarded with unsolicited calls to their homes

In response, Do Not Call laws and registries established in several countries

Most of them do not apply to survey research, but public often does not make distinction between survey research and telemarketing

Telephone research becoming more expensive to conduct

Page 6: Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August

Internet-based research growing rapidly

Fast and inexpensive compared to other methods

Most online research conducted with “access panels”

Consumers opt-in to receiving periodic emails from research firm, inviting them to complete surveys

Panel members rewarded for their time (e.g. cash, points, prize draws)

Page 7: Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August

Example of panel research recruitment website

Link to Privacy Policy should be on every page.

Site should use SSL encryption

Page 8: Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August

Panels and privacy

Panel research firms collect and retain personal data (e.g. contact details and profile information)

Recruiting new panel members may be challenging in the future

Spam, phishing, spyware and online identity theft are causing consumers to be wary about submitting personal data at websites

Page 9: Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August

Panels and privacy

To counter the threats posed by Internet scams, panel research firms must demonstrate their trustworthiness to current and prospective panellists

Participation rates in online surveys can be quite high if panel is managed well, including attending to privacy concerns

Page 10: Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August

Client-supplied lists

Customer or employee satisfaction research often conducted using lists provided by client

Does your organisation’s privacy policy permit disclosures of personal data to service providers for market research purposes?

Page 11: Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August

Excerpt from Telus Privacy Code

We may disclose a customer's personal information to:

A company or individual employed by TELUS to perform functions on its behalf, such as research or data processing;

Any such disclosure of a customer's personal information outside of TELUS is made on a confidential basis with the information to be used only for the purpose for which it was disclosed.

Page 12: Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August

Client-supplied lists

Some respondents ask, “how did you get my name and number?”

Discuss with your research partner how these requests will be handled

Respondents may have a legal right to know, but revealing the name of the survey sponsor at the start of the interview could introduce bias

Page 13: Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August

Client-supplied lists

Most clients rely on opt-out consent for sharing their customers’ personal data with research suppliers

Opt-in consent strongly recommended for sharing customers’ email addresses, owing to spam complaints

Even better, if possible, clients should issue the survey invitation emails to their customers

Page 14: Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August

Good example of client obtaining opt-in for research

Page 15: Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August

In this example, TNS is sending survey invitations from its domain to a client-provided list of email addresses

From: TNS on behalf of CLIENT <[email protected]>

To: Rebecca Smith <[email protected]>

Subject: Complete CLIENT’s survey and receive a reward for your time

Date: Wed, 6 Jun 2007 10:51:10 -0500

Sending survey invitation emails

Page 16: Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August

In this example, Research Firm X is sending survey invitations from its domain, but spoofs the From address

From: CLIENT <[email protected]>

To: Rebecca Smith <[email protected]>

Subject: Complete CLIENT’s survey and receive a reward for your time

Date: Wed, 6 Jun 2007 10:51:10 -0500

Sending survey invitation emails

Page 17: Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August

Spoofing is not in anyone’s interest

• Major ISPs all use authentication systems to combat spamming and phishing

• Sizeable proportion of spoofed emails are routed to users’ junk mail folders, or carry warning messages, or are not delivered at all

Page 18: Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August

Questions to ask your research vendors

Which industry trade associations they belong to

If they participate in privacy certification programs (e.g. TRUSTe, IAPP’s CIPP) and privacy audits

The URL of their panel recruitment website — review the privacy policy

Whether they are on ISPs’ whitelists and adhere to industry best practices for sending emails

In addition to the standard privacy compliance questions that you ask your market research vendors, find out from them:

Page 19: Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August

Further Information:

Duane L. Berlin, Esq.Lev & Berlin, P.C.

Phone: (203) 838-8500Fax: (203) 854-1652

Email: [email protected]