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“Snap-Shot” Privacy Notices to Appeal to Consumers

By Beth Steele, J.D., Editor, CCH Financial Privacy Law Guide.

Most consumers want a “quick picture of information practices” in their privacy notices, according to Marty Abrams, Executive Director of the Center for Information and Policy Leadership. This, combined with the longer legally compliant notice, creates a full notice package that both communicates and leads to accountability, Abrams stated in a recent interview. When consumers are able to pick up a notice, understand it, and compare with other notices, “they become more comfortable.”

CONSUMER-COMFORT

Abrams leads the Center’s Layered Notices Project, which has been building “highlights notices” that can be combined with the legally compliant notices required by the Gramm-Leach-Bliley Act and the Health Insurance Portability and Accountability Act that consumers have said they will not read. These highlights notices are based on research used to guide the creation of food labels in the 1980s. “The consumer research showed that consumers could not deal with more than seven elements, needed language that consumers use everyday, and that a common format or template builds understanding by consumers,” said Abrams. Every consumer can read a food label and compare the items, like fat calories, that are important to them. Highlight notices will work the same way. According to Abrams, these notices would: be short and concise; not include the obvious; be as simple as possible; and reserve details for longer accountability notices.

In the 1990s, privacy notices became more complex, both because companies tried to limit their legal liability through the notices, and new laws and regulations required notices that were complete. Precise, complex language made notices “unreadable” for most consumers, Abrams said. But, it is not possible to “move away” from the legal-type notice. So, layering adds highlights notices that make use of what research has shown: readability, understandability lead to consumer comfort. “In an information-driven economy that depends on technology, the first thing one must do is make consumers comfortable with understandable notices. Readability goes a long way toward consumer comfort,” Abrams indicated.

THE AVERAGE CONSUMER

“Most people should be able to understand these notices, said Abrams. We’re gearing them to everyone who can read—the average consumer.” Taxi-drivers, homemakers, college professors, “almost anyone in any occupation can understand these notices,” Abrams maintained.

THE LONG VIEW

A highlights notice facilitates communication: “Building trust with consumers through notices that they understand and educating them about data practices is the goal.” he said. Notice providers and policymakers want notice systems that work and layering does. Abrams expects that laws and regulations will increasingly reflect layering, with a top layer that use highlights notices in a common format that allows consumers to compare data practices.”

More information is available on the Center for Information and Policy Leadership website at: www.hunton.com/info_policy/index.htm

Marty Abrams leads the Center for Information Policy Leadership at Hunton & Williams and shapes digital-age global privacy concepts by providing thought leadership for companies, consumer leaders and policy makers. Abrams provides clients with total solution strategic business consulting on all aspects of information.