نقش حریم خصوصی داده ها در بازاریابی The role of data privacy in marketing

Privacy in society Privacy often is cast as an individual Bright,^ and discussions about the Bright to privacy^ are common. Although Warren and Brandeis (1890) famously advocated for a right to be left alone, a standalone Constitutional right to privacy does not exist. The United States Bill of Rights embeds privacy protections into a number of Amendments (e.g., the First, Third, Fourth, and Fifth). Interestingly, protections that resemble a right to privacy have been observed across the courts and treated with great importance in the American justice system (Langenderfer and Miyazaki 2009). However, in the absence of a dedicated privacy right, federal regulators have been reluctant to enforce privacy protections across companies and governmental entities (Solove 2011). To date, questions surrounding whether and how the federal government ought to intervene (and if so, how to intervene effectively) remain challenging for key regulatory bodies such as the Federal Trade Commission (FTC). The FTC, which has emerged as the key governing body in the context of consumer information privacy issues, currently applies information privacy protections using two frameworks that include the Notice-and-Choice Model comprised of Fair Information Practice Principles (FIPPs), and the Harms-Based Model that pivots on whether physical or economic harm results to consumers from organizational misuse of (or more often, neglect or failure to protect) personal information (Ohlhausen 2014). From 1970 until 1993, thirteen different privacy-related regulations were passed by Congress (Caudill and Murphy 2000). Since the mid-1990s, only the Children’s Online Privacy Protection Act of 1998 and the Gramm-LeachBliley Act of 1999 that requires financial institutions to explain their information-sharing practices to their customers and to safeguard sensitive data have been passed. The FTC issues regular reports regarding privacy, but this is a nonbinding effort by the Commission to spur more responsible behavior by marketers. In the same vein, the White House (2012) published an extensive report that included a seven-point BConsumer Privacy Bill of Rights^ linked to the FIPPs. In 2014, it followed those efforts by releasing a report focused on big data that emphasized student information privacy, company notification in the event of a data breach, and investigated big data in the context of price discrimination (White House 2014). Like the FTC efforts, the White House initiatives have focused attention, discussion, and funding, but have led to no new consumer privacy regulations.