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What happens when the law meddles with customer data?


I'm a few leagues to the right of Genghis Khan when it comes to increased government regulation. I believe that except in a very few cases, it is counterproductive. The "law of unintended consequences" so often cited by civil servants and academics is a poor excuse for weak or bad analysis. One of the my few pet exceptions is data protection, where I believe that the spirit and the letter of the law have both worked to remedy an enormous slackness on the part of most companies when it comes to the gathering, maintenance and disposal of customer data.

However, there is still some way to go before we reach the nirvana of customers routinely maintaining their own data for use or particular companies where they have a strong interest in the world having an updated view of who they are and what they want to do. I eagerly await the emergence of a world in which this becomes the norm, using the Internet.

At the other extreme is the paranoid lunacy of anti-money laundering regulation, where it seems that one has to prove one's identity to all parties in a transaction (e.g. a house purchase), irrespective of whether they need to know in order to protect their own interests, or whether the sums and/or transactions concerned are likely to be used for money-laundering.

The general climate of concern about security and individual rights has also had the effect of inducing fear and lack of confidence in marketers. Afraid of being non-compliant, they sometimes refuse to use data in ways in which they are clearly entitled to do so, and where customers would want to do so. In some cases, this is caused because companies have planned data collection badly. For example, when opening an account, customers should be asked to nominate a "significant other" with the right to confirm transactions and terminate accounts, because so often the failure to be able to delegate causes customers problems, except on the Internet where they can assume the other's persona provided they have the codes. Not a secure practice, but induced by failure to anticipate requirements to access data.

Customers themselves seem to becoming more aware of how they can prevent misuse of their data - the high level of opt outs and registering with preference services indicates this. Media-fed paranoia about what is done with, for example, credit card and loyalty card data occasionally can cause slightly more extreme behaviour, much to the delight of single-issue privacy fanatics. The good news is that this only has a marginal effect, and most customers realise that if they want to do business with a (usually) large organisation, they need to give it some data - but they might also be advised to check how well the organisation uses it, whether in terms of protecting their privacy or in terms of making more relevant and timely offers.

About the author
Professor Merlin Stone FCIM FIDM is Business Research Leader at IBM Business Consulting Services, IBM UK Ltd. E-mail: merlin_stone@uk.ibm.com

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