Read The Times Australia

Daily Bulletin

How one simple rule change could curb online retailers' snooping on you

  • Written by: Katharine Kemp, Senior Lecturer, Faculty of Law & Justice, UNSW, UNSW

I spent last week studying the 26,000 words of privacy terms published by eBay and Amazon, trying to extract some straight answers, and comparing them to the privacy terms of other online marketplaces such as Kogan and Catch (my full summary is here).

There’s bad news and good news.

The bad news is that none of the privacy terms analysed are good. Based on their published policies, there is no major online marketplace operating in Australia that sets a commendable standard for respecting consumers’ data privacy.

All the policies contain vague, confusing terms and give consumers no real choice about how their data are collected, used and disclosed when they shop on these websites. Online retailers that operate in both Australia and the European Union give their customers in the EU better privacy terms and defaults than us, because the EU has stronger privacy laws.

The Australian Competition and Consumer Commission (ACCC) is currently collecting submissions as part of an inquiry into online marketplaces in Australia. You can have your say here by August 19.

The good news is that, as a first step, there is a clear and simple “anti-snooping” rule we could introduce to cut out one unfair and unnecessary, but very common, data practice.

Deep in the fine print of the privacy terms of all the above-named websites, you’ll find an unsettling term.

It says these retailers can obtain extra data about you from other companies, for example, data brokers, advertising companies, or suppliers from whom you have previously purchased.

Read more: It's time for third-party data brokers to emerge from the shadows

eBay, for example, can take the data about you from a data broker and combine it with the data eBay already has about you, to form a detailed profile of your interests, purchases, behaviour and characteristics.

The problem is the online marketplaces give you no choice in this. There’s no privacy setting that lets you opt out of this data collection, and you can’t escape by switching to another major marketplace, because they all do it.

An online bookseller doesn’t need to collect data about your fast-food preferences to sell you a book. It wants these extra data for its own advertising and business purposes.

Empty Amazon packaging Online shopping leaves a digital paper trail as well as empty boxes. STRF/STAR MAX/IPx/AP

You might well be comfortable giving retailers information about yourself, so as to receive targeted ads and aid the retailer’s other business purposes. But this preference should not be assumed. If you want retailers to collect data about you from third parties, it should be done only on your explicit instructions, rather than automatically for everyone.

The “bundling” of these uses of a consumer’s data is potentially unlawful even under our existing privacy laws, but this needs to be made clear.

Time for an ‘anti-snooping’ rule

Here’s my suggestion, which forms the basis of my own submission to the ACCC inquiry.

Online retailers should be barred from collecting data about a consumer from another company, unless the consumer has clearly and actively requested this.

For example, this could involve clicking on a check-box next to a plainly worded instruction such as:

Please obtain information about my interests, needs, behaviours and/or characteristics from the following data brokers, advertising companies and/or other suppliers.

The third parties should be specifically named. And the default setting should be that third-party data are not collected without the customer’s express request.

This rule would be consistent with what we know from consumer surveys: most Australian consumers are not comfortable with companies unnecessarily sharing their personal information.

There could be reasonable exceptions to this rule, such as for fraud detection, address verification or credit checks. But data obtained for these purposes should not be used for marketing, advertising or generalised “market research”.

Can’t we already opt out of targeted ads?

Online marketplaces do claim to allow choices about “personalised advertising” or marketing communications. Unfortunately, these are worth little in terms of privacy protection.

Amazon says you can opt out of seeing targeted advertising. It does not say you can opt out of all data collection for advertising and marketing purposes.

Similarly, eBay lets you opt out of being shown targeted ads. But the later passages of its Cookie Notice state:

your data may still be collected as described in our User Privacy Notice.

This gives eBay the right to continue to collect data about you from data brokers, and to share them with a range of third parties.

Many retailers and large digital platforms operating in Australia justify their collection of consumer data from third parties on the basis you’ve already given your implied consent to the third parties disclosing it.

That is, there’s some obscure term buried in the thousands of words of privacy policies that supposedly apply to you, which says that Bunnings, for instance, can share data about you with various “related companies”.

Of course, Bunnings didn’t highlight this term, let alone give you a choice in the matter, when you ordered your hedge cutter last year. It only included a “Policies” link at the foot of its website; the term was on another web page, buried in the detail of its Privacy Policy.

Such terms should ideally be eradicated entirely. But in the meantime, we can turn the tap off on this unfair flow of data, by stipulating that online retailers cannot obtain such data about you from a third party without your express, active and unequivocal request.

Who should be bound by an ‘anti-snooping’ rule?

While the focus of this article is on online marketplaces covered by the ACCC inquiry, many other companies have similar third-party data collection terms, including Woolworths, Coles, major banks, and digital platforms such as Google and Facebook.

Read more: Here's how tech giants profit from invading our privacy, and how we can start taking it back

While some argue users of “free” services like Google and Facebook should expect some surveillance as part of the deal, this should not extend to asking other companies about you without your active consent.

The anti-snooping rule should clearly apply to any website selling a product or service.

With lockdowns barring many of us from visiting physical shops, we should be able to make purchases online without being unwittingly roped into a company’s advertising side hustle.

Authors: Katharine Kemp, Senior Lecturer, Faculty of Law & Justice, UNSW, UNSW

Read more https://theconversation.com/how-one-simple-rule-change-could-curb-online-retailers-snooping-on-you-166174

Business News

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

South African Consular Services Expand to Six Australian Cities

South Africans living in Adelaide, Brisbane and Canberra will now be able to access passport, identi...

How Long Does a Solar Home Battery Last? LFP Cycles and Warranty Explained

A battery does not usually reach its advertised cycle count and suddenly stop working. Capacity ch...

How to Hire a Nanny: A Complete Guide for Families

Finding the right childcare professional can make everyday family life easier and give parents gre...

The Blue-Collar Shortage Employers Can't Solve With More Applicants

Australia's hiring market has cooled considerably since the post-pandemic frenzy of 2021 and 2022. F...

The Playground as Classroom: How Line Markings Are Reinforcing What Students Learn Inside

For a long time, the playground was treated as a break from learning rather than part of it. A place...

How Technology Is Changing the Way Gardens Are Maintained

Garden maintenance has always been a hands on ritual. Mowing on a schedule, watering by instinct, an...

One Blocked Drain Can Become a Whole House Plumbing Problem: How It Happens

A blocked hand basin feels local. So does a slow shower. Homeowners naturally focus on the fixture...

AI in Marketing: From Experiment to Everyday Tool

For the past couple of years, artificial intelligence in marketing has mostly lived in the "let's se...

What Businesses Can Do to Make Sustainability More Practical Day to Day

Sustainability can sound like a huge corporate project, something tied to annual reports, long-term ...