Understanding consumer privacy: a review and future directions.
Lanier, Clinton D., Jr. ; Saini, Amit
Understanding Consumer Privacy: A Review and Future Directions
The evolution of marketing from a production orientation to a
market orientation (Kieth 1960; Kotler and Zaltman 1971), as exemplified
by the marketing concept (Barksdale and Darden 1971; Houston 1986;
McKitterick 1957), has led to a dramatic increase in the need to
understand the consumer. While application of this market orientation
approach, especially in the forms of direct and relationship marketing,
arguably brings multiple benefits to both consumers and firms (Kohli and
Jaworski 1990; Narver and Slater 1990), it also requires a large amount
of consumer information in order to deliver value (Nowak and Phelps
1997). The widespread adoption of information technology (IT) has
allowed firms to meet this need for consumer information by vastly
increasing the amount and types of information they collect (McCrohan
1989; Thomas and Maurer 1997). For firms, advances in IT have
considerably enhanced the institutionalization and utilization of the
market orientation approach by providing the technological
infrastructure to capture, analyze, and maintain large quantities of
consumer information (Winer 2001). For consumers, though, the collection
and analysis of their personal information has led to an increase in
privacy concerns (Foxman and Kilcoyne 1993; Phelps, Nowak, and Ferrell
2000).
While most consumers welcome the increased convenience and
personalization that these various marketing orientation approaches
provide, many are concerned about the collection, use, and protection of
their personal information (Phelps et al. 2000; Rust, Kaman, and Peng
2002). Given the sharp increases in unsolicited promotions, incidences
of identity theft, and the negligent loss of consumer information by
firms, these fears are not altogether unwarranted (Levy and Stone 2005).
For many consumers, major privacy concerns fall into three main
categories: (1) notification, (2) control, and (3) security. First, many
consumers want to be informed about the collection and use of their
personal information by firms (Dommeyer and Gross 2003; Milne and Culnan
2004; Nowak and Phelps 1995), Second, consumers want to feel that they
have some control over the collection of their personal information and
the sharing of this information among firms (Goodwin 1991; Milne and
Boza 1999; Phelps et al. 2000). Third, most consumers want some
assurance that the personal information they provide to firms,
especially online, and the storage of this information is secure (Hoy
and Phelps 2003; Jones 1991; Miyazaki and Fernandez 2000). Although
multiple legal, commercial, and technological solutions have been
proposed to address these concerns (Foxman and Kilcoyne 1993; Goodwin
1991; Phelps et al. 2000), the protection of consumer privacy remains a
constant concern for consumers and a formidable challenge for
businesses.
In an attempt to understand these issues, consumer privacy research
has sought to define the concept of consumer privacy, outline the
privacy expectations and strategies of both consumers and businesses,
and examine the degree to which firm's are providing adequate
consumer privacy protection. While this body of research has provided us
with valuable information concerning these issues, there currently does
not exist a review that synthesizes and analyzes the current state of
consumer privacy research. Given the complexity of the topic and the
diversity of issues that have been explored, we feel that a
comprehensive review is necessary to refine our understanding of this
important topic and to take consumer privacy to a more advanced
theoretical level. As a result, the purpose of this article is to
examine the general concept of privacy in order to situate and define
the domain of consumer privacy, review the literature on consumer
privacy in order to determine what we know, and provide directions for
future research in order to address gaps in the literature. We begin by
examining the general nature of privacy, privacy rights, and privacy
regulation. Next, we review the various conceptualizations of consumer
privacy. Third, we examine privacy issues from the perspectives of both
consumers and firms. Fourth, we propose directions for future research.
Because the conceptualization of privacy in general and consumer privacy
in particular differs among cultures and nations, this review will focus
primarily on issues of privacy in the United States.
PRIVACY
The debate on the nature and scope of privacy is vast and includes
research in such diverse disciplines as biology, anthropology, and legal
philosophy. While it is not our goal to present research on privacy from
all the various disciplines in a single article, we feel that a certain
amount of background information on privacy is necessary in order to
examine and situate of the notion of consumer privacy. This section
provides an overview of the general concept of privacy and its relevance
to U.S. law and business.
The Nature of Privacy
The relationship between advances in information technology,
including the digitizing and dissemination of all forms of information,
and the increase in privacy concerns among individuals, organizations,
and governments is well documented (e.g., Ashworth and Free 2006;
McCrohan 1989; Milne 2000; Peslak 2005; Thomas and Maurer 1997). But
while it is tempting to think of privacy as strictly a modern concern
brought forth by such things as industrialization, urbanization, and
mechanization (Glazer 1998), the desire for privacy can be traced back
to primitive (or pre-modern) societies and even to the animal world
(Honigmann 1959; Moore 1984; Westin 1967).
Privacy Needs--It has been found that all animals seek different
levels of interaction, ranging from seclusion and small group relations
to broader social interaction (Allee 1938; Ardrey 1966; Wynne-Edwards
1962). Seclusion is important because it allows animals to regulate
resources, propagate the species, and process information about the
world around them (Hall 1966). At the same time, social interaction is
necessary because it allows animals to learn, grow, and protect
themselves (Ardrey 1966; Wynne-Edwards 1962). Because animals need both
seclusion and interaction to survive, they constantly seek to establish
a balance between seclusion and interaction, or in other words, between
privacy and participation (Westin 1967).
This need for both privacy and participation is also evident among
humans. Although some anthropologists suggest that privacy did not exist
in primitive societies given the structure of these societies (Jones
1914; Lee 1959; Mead 1949), others argue that privacy was maintained in
ways that were more psychological rather than physical (Geertz 1973;
Murphy 1964). That is, while many individuals in these societies were
not able to control access to many physical aspects of their
environment, they could restrict and regulate the information about
themselves that they shared with others (Jourard 1966; Westin 1967).
Through the selective disclosure of information, individuals in
primitive societies were able to achieve the seclusion that was needed
by all animals, a tactic that holds over even in more developed
societies (Simmel 1950).
In addition to the desire for privacy, members of primitive
societies also sought to participate with others in the larger group. As
Spinoza (1989) argues, humans are social animals that are scarcely able
to lead a completely solitary life. While some of the reasons for social
interaction are practical, such as satiation of the physical needs for
food, shelter, and security (Spinoza 1989), others are less practical,
such as curiosity (Berlyne 1960; Siep 1978) and the desire to have fun
(Huizinga 1950; Sutton-Smith 1997). In either case, humans often engage
in physical contact with others and disclose information about
themselves, as well as to seek out information from others, in order to
interact socially (Westin 1967).
Because of this need for both seclusion and interaction, privacy is
not considered an absolute human condition (Clark 1978; Westin 1967).
That is, human nature is such that most individuals do not seek either
constant solitude (i.e., total isolation from others) or continuous
social interaction (i.e., total immersion with others). Researchers have
discovered that psychological abnormalities often develop in those
individuals who either completely reject social interaction or who
actively seek to avoid solitude (Fromm-Reichmann 1959; Horney 1945).
Proper human development requires individuals to constantly seek a
balance between privacy and participation (Westin 1967).
At a broader social level, societies also have to address the
balance between the need for privacy and participation. All societies
require rules and the adherence to them by their members in order to
function properly (Moore 1984; Shils 1966). In addition, societies also
need to establish mechanisms to detect transgressions of their norms and
rules and to punish these behaviors in order to maintain their proper
functioning (Westin 1967). These detection mechanisms often take some
form of surveillance in which societies monitor their citizens in order
to make sure their behavior stays within the bounds of the
society's rules (Flaherty 1989; Goffman 1961; Miller 1999). The
degree to which societies balance privacy, participation, and
surveillance depends on the broader historical culture and traditions
from which each society derives (Flaherty 19677; Shils 1966; Westin
1967).
While privacy clearly is not a recent phenomenon, the rise of
modern industrial society has had a definite impact on issues of
privacy, participation, and surveillance. Both industrialization and
urbanization altered peoples' personal and societal relations
(Simmel 1950). While these historical factors and the complex societies
in which they were embedded provided more opportunities for physical and
psychological privacy (e.g., the anonymity of city life), they also
required greater individual disclosure and government surveillance in
order for these societies to function properly (Honigmann 1959; Merton
1957; Westin 1967). Technological advances, as well as the constant need
for information from individuals to participate in modern societies
(especially capitalistic and democratic societies), have led to
practices in which societal surveillance (by both public and private
entities) can overwhelm the delicate balance of privacy and
participation necessary for proper individual development (Miller 1999).
Privacy States and Functions--Westin (1967) argues that privacy
consists of four basic states: solitude, intimacy, anonymity, and
reserve. Solitude is the condition of being physically separated from
others and free from observation. Intimacy is the condition of existing
as a small unit (e.g., the family) while maintaining seclusion from
others outside the unit. Anonymity is the condition of being in public
while still being free from identification and surveillance. Reserve is
the condition in which a person has created psychological barriers to
protect him/herself from unwanted intrusions. In addition, Westin (1967)
describes four functions of privacy: personal autonomy, emotional
release, self-evaluation, and limited/protected communication. First,
privacy helps to secure personal autonomy by allowing individuals to
take control of and responsibility for their lives (Shils 1959). Second,
privacy provides the individual with a space for emotional release from
the pressures of performing daily roles and conforming to social norms
(Goffman 1959). Third, privacy gives individuals time to integrate their
life experiences and craft their identities through self-evaluation
(Jourard 1966). Fourth, privacy allows limited communications in which
people can set boundaries in interpersonal situations and protected
communication in which the person can share confidences and establish
trust (Simmel 1950).
Privacy Rights--Although most Americans believe that they have a
right to privacy, the U.S. Constitution does not explicitly grant this
right or its protection. In spite of this, the U.S. Supreme Court has
argued that the right to privacy is implicit in the First, Fourth,
Fifth, Ninth, and Fourteenth Amendments (DeCew 1997; Hosch 1983;
McWhirter and Bible 1992). The First Amendment's acknowledgement of
the rights of religious practice, free speech, and assembly has been
interpreted as providing protection of individual privacy by limiting
government intrusion (Glenn 2003). The Fourth Amendment's
protection against search and seizures was expanded to include an
individual's reasonable expectation of privacy and protection from
surveillance without a warrant (Smith 1989). The U.S. Supreme Court has
argued that one of the purposes of the Fifth Amendment's protection
against self-incrimination is to protect individual disclosure of
private information, with the caveat that this protection only applies
when there is compulsion, communication, and incrimination (Rich 1987).
The Ninth Amendment's claim that there are other rights that
citizens retain that are not explicitly stated in the Constitution has
been used to argue for the existence of the right to privacy (Glenn
2003; Tuerkheimer 1993). Lastly, the Fourteenth Amendment's
requirements that no law or state will abridge an individual's
privileges or immunities, deny any person his/her rights without due
process, or deny any citizen equal protection under the law have been
interpreted as implying the protection of individual privacy (McWhirter
and Bible 1992).
It is important to note that although these various Amendments can
be interpreted as providing privacy protection (irrespective of whether
privacy is considered as a right or a privilege) (Phelps et al. 2000),
the U.S. Supreme Court has argued that not every privacy infringement
violates a person's constitutional rights (McCrohan 1989). In fact,
it is accepted that explicitly granted constitutional rights supersede
any implicit rights, such as the right to privacy (Clark 1978; Found
1961). In addition, the Constitution only protects individuals from the
violation of their rights by federal and state governments; violations
of rights by private parties must be addressed by federal and state laws
(Foxman and Kilcoyne 1993; Nowak and Phelps 1997). This is especially
important for assessing any obligations that firms may feel towards
protecting consumer privacy.
One of the primary reasons for recognizing the implicit right (or
privilege) to privacy is that individual free expression is necessary
for the proper functioning of democratic societies (Gavison 1980; Jones
1991; Rachels 1975; Westin 1967). This is evident in the distinction
between dictatorships (or totalitarian regimes) and democracies.
Dictatorships are based on rule by an individual or select few,
extensive surveillance and intrusion, and compelled disclosure (Westin
1967). Individual privacy is sacrificed in the name of protecting and
sustaining the particular ideology of the State. Democracies, such as
the U.S., are based on popular consent, limited government surveillance
and intrusion, and private property (Peslak 2005). In order for a
democratic society to reflect the will of the people and not the
ideology of the State, citizens must be allowed freedom to participate
in organizations (including privacy of membership), freedom of political
choice (including secret ballots), and freedom from coercion by the
State (including limited surveillance and intrusion) (Westin 1967). All
of these requirements, as well as the principles of democracy, are
undermined by denying individuals the right to privacy and the ability
to control information about themselves and their affiliations.
Definitions of Privacy
Although the U.S. Supreme Court has acknowledged an implicit right
to privacy, it has not provided a formal definition of privacy. One of
the earliest and most recognized definitions of privacy was crafted by
Samuel Warren and Justice Brandeis for an article in the Harvard Law
Review. As if written today, the legal scholars argue,
Recent inventions and business methods call attention to the next
step which must be taken for the protection of the person, and for
securing to the individual what Judge Cooley calls the right 'to be
let alone' ... [T]he question whether our law will recognize and
protect the right to privacy in this and in other respects must
soon come before our courts for consideration. Of the
desirability--indeed the necessity--of some such protection there
can, it is believed, be no doubt (Warren and Brandeis 1890,
p.195-96).
Warren and Brandeis (1890) argued that changes in society and
business necessitated modifications in the basic tort protection of
person and property to include the recognition of new rights--namely the
right to privacy. A key aspect of their argument was that existing tort
law was unable to protect individuals' intangible rights or
property, what they called the protection of private facts, from the
increasing use of new technologies. This is apparent in the case of
Olmstead v. U.S. (1928), one of the first wiretapping cases heard by the
U.S. Supreme Court, which held that wiretapping was legal because it did
not involve physical entry or tangible property. This ruling was
eventually overturned by the case of Katz v. U.S. (1967), which finally
recognized the negative impact of technology on individuals'
privacy beyond its physical intrusion. In spite of this recognition of
the right to privacy and the acknowledgement by the courts of
nonphysical injuries, many critics argued that this early definition of
privacy was too vague to adequately protect individual privacy rights
(Bloustein 1968; Dickler 1936; Nizer 1941).
In an attempt to better address infringements on individual
privacy, Prosser (1960) argued that privacy was not a unitary concept,
but encompassed four distinct legal torts: 1) intrusion (i.e., invading
a person's solitude or seclusion), 2) appropriation (i.e., using a
person's identity or image without permission), 3) disclosure
(i.e., making public embarrassing private facts about a person), and 4)
false light (i. e., portraying an individual in a way that inaccurately
and negatively represents the person). This framework, while extending
the earlier conception of privacy, restricts privacy tort violations to
individual-level information (versus group-level or aggregated data such
as census data, though census data based on residential areas with few
homes are not reported in depth because one might infer individual
information), to information that is deemed private, and to the public
dissemination of this private information (Nowak and Phelps 1997;
Zimmerman 1983). This multidimensional definition was meant to clarify
the right to privacy and provide for specific causes of action that
could be tried in a court of law. While Prosser's framework has
been accepted by most U.S. courts and is the basis of most common law
conceptions of privacy (McWhirter and Bible 1992), many critics argue
that it does not go far enough in addressing all violations of a
personal privacy. In fact, some argue that it favors organizations and
businesses and unduly influences their conceptions of privacy (Foxman
and Kilcoyne 1993; Nowak and Phelps 1997). For example, the "false
light" tort does not apply to the transmission of factual consumer
information from one firm to another because the data is not false and
has not been made public (Graham 1987) (also see Shibley v. Time, Inc.
1974). Likewise, the "intrusion" tort does not apply to
situations where the consumer voluntarily provides a firm with personal
information and the firm then transfers this information to a third
party for purposes unrelated to the intent of the original disclosure
(McWhirter and Bible 1992) (also see Dwyer v. American Express Company
1995). As a result, the collection and dissemination of consumer
information by firms rarely violates these more specific formulations of
the right to privacy (Foxman and Kilcoyne 1993; Nowak and Phelps 1997;
Phelps et al. 2000).
Due to both the limitations and ubiquity of Prosser's
conception of privacy, some legal scholars have argued that privacy
should not be considered as a multidimensional concept, but as a unitary
concept in order to increase its applicability across a broader range of
privacy issues (Benn 1971; Bloustein 1964; Gavison 1980; Graham 1987).
These scholars argue that privacy should not be categorized by different
interests, but should be based on the more general idea of protecting
human dignity (Bloustein 1964; Gavison 1980). This broader
conceptualization of privacy is based on peoples' control over
their autonomy and accessibility. These scholars argue that this unitary
concept of privacy based on control provides a wider base of protection
for a broader range of privacy violations.
In line with the unitary conception of the right to privacy,
various definitions of privacy have emerged. For instance, privacy has
been defined as the "claim of individuals, groups, or institutions
to determine for themselves, when, how, and to what extent information
about them is communicated to others" (Westin 1967, pp. 6-7). This
definition specifically focuses on the ability of individuals to control
access to and dissemination of their personal information. This focus on
information control is also present in popular definitions of privacy
provided by Jourard (1966), Fried (1968), and Parker (1974). Other
definitions of privacy focus on the social aspects of control and access
(Altman 1975). For instance, Van Deg Haag (1971, p.149) argues that
"privacy is the exclusive access of a person to a realm of his own.
The right to privacy entitles one to exclude others from (a) watching,
(b), utilizing, and (c) invading his private realm" (Introna and
Pouloudi 1999). The social component is also echoed in definitions by
Gross (1967), who focuses on the right to keep personal relationships
private; Posner (1981), who focuses on privacy as freedom from unwanted
intrusion by others (similar to Warren and Brandeis); and Johnson
(1989), who focuses on privacy as the ability to immune oneself from the
judgments of others.
In sum, privacy has been defined in many different ways. For some
it is a multidimensional concept; for others, it is a unitary concept.
In fact, what constitutes privacy is still a contentious issue that is
debated among government officials, policy makers, private
organizations, and individual citizens. This is evident in comments made
at a 2007 intelligence conference by Donald Kerr, the principal deputy
director of national intelligence in the U.S., who argued that the focus
of the definition of privacy needs to change from issues of anonymity to
issues of security. In another statement that shows the relationship
between issues of privacy and surveillance, Kerr argues that it should
be the government and businesses that monitor and safeguard
people's private information (AP 2007). In spite of the persistent
ambiguity of the concept of privacy, the U.S. government has taken some
steps to address and regulate privacy protection.
Government Regulation of Privacy
Although Prosser's multidimensional framework still holds sway
over most U.S. courts, the more unitary definitions of privacy and the
limited ability of the common law to protect individuals' privacy
have not gone unnoticed by U.S. law makers. One of the first laws to
address individual privacy, the Fair Credit Reporting Act (FCRA) (1),
was enacted to protect consumers' right to privacy in the
collection of personal information by credit, personnel, and insurance
agencies. Personal information refers to a consumer's financial
information, reputation, personal characteristics, and mode of living.
According to the FCRA (1970), "consumer reporting agencies [are
required to] adopt reasonable procedures for meeting the needs of
commerce for consumer credit, personnel, insurance, and other
information in a manner which is fair and equitable to the consumer,
with regard to the confidentiality, accuracy, relevancy, and proper
utilization of such information in accordance with the requirements of
this title." (2) Congress realized that in order to function
effectively in a capitalist society, consumers are required to provide
large amounts of personal information to firms (FCRA 1970). Congress
also felt that this almost mandatory disclosure of information required
laws that would protect consumers' most vital information, but
which would also give firms the flexibility to conduct business in an
effective and efficient manner. This was one of the first attempts by
the U.S. government to grapple with the issue of privacy rights through
the legislative process.
In 1973, an advisory committee to the Secretary of Health,
Education, and Welfare presented its findings of a study on the
increased use of automated personal data systems for the collection,
storage, and use of personal information in both the public and private
sectors. The committee was asked to examine the harmful consequences of
these new technologies and the safeguards that might be needed to
protect individuals and their personal information. Two of the major
findings of the committee were that these data systems were having a
negative impact on consumers relative to firms and that consumers'
control over their personal information was steadily diminishing. The
committee linked this lack of control directly to consumers' right
to privacy and the need for privacy protection. They found that
"under current law, a person's privacy is poorly protected
against arbitrary or abusive record-keeping practices." (3) In
order to provide a set of minimum standards for data management
practices, the committee argued that Congress should enact a Federal
Code of Fair Information Practices. These practices include the
prohibition against secret data files, notice to the individual, consent
for secondary use of personal information, access to personal
information, and security of information (Jones 1991). Any violations of
the practices were to be subject to both criminal penalties and civil
remedies.
While the Fair Information Practices (FIPs) were not enacted into
law, they have become the benchmark for privacy protection and have
influenced subsequent laws and regulation. In 1974, Congress passed the
Privacy Act, (4) which regulates the collection, storage, and use of an
individual's personally identifiable information by government
agencies. This information includes, but is not limited to, education,
financial, medical, criminal, and employment information that can be
directly linked to an individual. The Privacy Act loosely follows the
FIN by addressing the issues of relevance, reliability, misuse, and
security of personal information. The FIPs have also influenced other
federal laws including the Right to Financial Privacy Act (1978), the
Cable Communications Policy Act (1984), the Computer Security Act
(1987), the Video Privacy Protection Act (1988), the Telephone Consumer
Protection Act (1991), the Driver's Privacy Protection Act (1994),
Health Insurance Portability and Accountability Act (1996), the
Children's Online Privacy Protection Act (1998), and the Financial
Modernization Services Act (1999), as well as many state and local laws
(Smith 2002).
Although the 1973 advisory committee argued that it was not
necessary at that time to appoint a government agency to oversee the
privacy protection of individuals' personally identifiable
information, the Federal Trade Commission (FTC) has since taken on this
role. The FTC was established in 1914 primarily to promote consumer
protection and competitive markets. Of its three main bureaus, the
Bureau of Consumer Protection has as its mission the protection of
consumers against unfair, deceptive, or fraudulent business practices.
Of primary concern to this bureau is the protection of consumer privacy.
It has direct charge over monitoring and enforcing many of the privacy
laws and regulations mentioned above, as well as promoting the
self-regulation of privacy in those industries in which privacy laws
have not been enacted. In the next section of the article, we examine
specifically how consumer privacy has been conceptualized in the extant
literature and summarize the various consumer privacy issues that have
been explored.
A REVIEW OF THE CONSUMER PRIVACY LITERATURE
The following section reviews the current state of consumer privacy
research and the dominant themes in the consumer privacy literature. The
review is based on articles published from 1989 to 2007 in a variety of
academic business journals in marketing, management, business ethics,
and information sciences. A summary of the articles' foci, key
concepts/issues, and primary findings is provided in Table 1. The review
is divided into three main areas: 1) conceptualization of consumer
privacy, 2) consumer-related privacy issues, and 3) firm-related privacy
issues. The first section examines the definition of consumer privacy,
consumer privacy rights, and consumer privacy and ethics. The second
section explores issues related to the antecedents of consumer privacy
concerns, consumer management of privacy concerns, and the consequences
of consumer privacy concerns. The third section explores issues related
to firm compliance with the FlPs, legal and business challenges
concerning consumer privacy, and managing and communicating privacy
protection.
Conceptualizations of Consumer Privacy
As with the general notion of privacy, consumer privacy is an
abstract concept that encompasses many different aspects and concerns.
However, despite the persistent ambiguity and evolution of the notion of
consumer privacy in the literature, it still remains an important issue
and one that must be understood in order to manage the relationship
between consumers and firms effectively.
Definition of Consumer Privacy--Initial attempts to define consumer
privacy build upon the early definition of privacy as the right to be
left alone and the later conceptualizations of privacy as control over
social encounters and personal information. For instance, Goodwin (1991)
defines consumer privacy as "the consumer's ability to control
(a) presence of other people in the environment during a market
transaction or consumption behavior and (b) dissemination of information
related to or provided during such transactions or behaviors to those
who were not present" (p.152). The first part of the definition
focuses on the social aspects of consumer privacy and deals with control
over the presence of others in the consumer's environment.
Specifically, this part of the definition pertains primarily to
intrusions by marketers (via telephone, mail, person, etc.) into the
consumer's environment, though it could include the presence of
other consumers in the market environment (Milne and Gordon 1993).
The second part of the definition focuses on the information
aspects of consumer privacy and deals with consumer control over the
information they provide to firms (Jones 1991). Specifically, this part
of the definition pertains to marketers' use of consumer
information, especially uses that go beyond the intent of the original
disclosure.
Privacy based on these two types of control (i.e., social control
and information control) give rise to four privacy states: 1) total
control, 2) environmental control, 3) disclosure control, and 4) no
control (Goodwin 1991). Total control represents situations in which
consumers maintain control over both the presence of others in the
environment and use of their personal information. This situation
represents the highest degree of privacy and requires the least amount
of privacy protection (Goodwin 1991). Environmental control represents
situations in which consumers control the presence of others in the
environment, but do not maintain control over the use of their personal
information. Disclosure control represents situations in which consumers
maintain control over the use of their personal information, but not the
presence of others in the environment. Both of these conditions
represent moderate amounts of privacy and require some privacy
protection (Goodwin 1991). No control represents situations in which
consumers control neither the presence of others in their environment
nor the use of their personal information. This represents the lowest
degree of privacy and requires the most amount of privacy protection
(Goodwin 1991).
This early definition of consumer privacy based primarily on
control has been expanded to include consumer knowledge as a second
primary dimension (Culpan 1995: Foxman and Kilcoyne 1993; Nowak and
Phelps 1997). Consumer knowledge refers to the degree to which consumers
are informed about, as well as understand, the information practices of
firms in which they interact and their privacy rights in regards to
these interactions (Foxman and Kilcoyne 1993). Consumer knowledge, thus,
incorporates a number of issues in the realm of consumer privacy. First,
do consumers understand what information is collected, how it is
collected, and why it is collected? Second, do consumers understand how
the information will be used, especially beyond its original use (i.e.,
the secondary use of information)? Third, do consumers understand their
rights (i.e., the actions they can and cannot take) in regards to the
collection and use of their information? Consumer privacy is considered
high when the answers are affirmative to all of these questions and low
when they are negative (Foxman and Kilcoyne 1993; Nowak and Phelps
1997).
Consumer Privacy Rights--As with both the general nature of privacy
and perceived privacy rights, consumer privacy is typically not
considered an absolute right (Clark 1978; Friedrich 1971; Gavison 1980;
Simitis 1987). There are three main arguments as to why consumer privacy
is not an absolute right. First, consumers' right to privacy often
conflicts with other rights and concerns (Borna and Avila 1999; Milne
and Gordon 1993). Second, what constitutes consumer privacy is affected
by cultural, situational, and individual factors (Milberg, Smith, and
Burke 2000; Smith 2001). Third, consumers and firms maintain competing
views over information ownership (Foxman and Kilcoyne 1993; Nowak and
Phelps 1992).
In terms of the first argument of competing rights, Goodwin (1991)
identifies four sources of conflict with consumer privacy rights: 1)
conflicts between consumer privacy and desired service levels, 2)
conflicts between consumer privacy and other consumer and marketer
rights, 3) conflicts between the consumer privacy and the cost of
privacy protection, and 4) conflicts between consumer privacy and other
societal values. First, it has been found that consumers are often
willing to sacrifice their privacy in order to receive higher levels of
service, though they do try to minimize the amount information they
provide (Katz and Tassone 1990; Posch 1988; Stone and Stone 1990).
Second, it has been found that the desire for consumer privacy often
conflicts with consumers' rights to be informed and freedom of
choice, as well as with marketers' rights to be left alone and free
speech (Clark 1978; Lally 1996; Rasor 1986). Third, it has been found
that while consumers demand higher levels of privacy protection, they
are unwilling to pay for this protection (Jones 1991; Milne and Gordon
1993). Fourth, societies require a certain amount of surveillance in
order to maintain their proper functioning (Flaherty 1989; Westin 1967).
As such, consumer privacy will likely be sacrificed if it is perceived
to interfere with the greater social good, such as threats to safety,
health, and the economy (Etzioni 1999; McWhirter and Bible 1992; Moore
1984). This is evident in the reporting of consumers who make unusually
large purchases of fertilizer chemicals that could be used to make
explosive devices such as the one use in the Oklahoma City bombing.
The second reason why consumer privacy is not considered an
absolute right is that it is often affected by cultural, social, and
individual factors (Johnson 1989; Milberg et al. 2000). The culture of a
particular country or society broadly influences what individuals
consider private (Altman 1977; Schein 1977; Smith 2001). Privacy
interests often vary in terms of the degree of autonomy,
confidentiality, intimacy, accessibility, and anonymity sought by
individuals, organizations, and even governments (Flaherty 1989). What a
particular country or society emphasizes as distinctly private will
depend on its history, economy, and social structures (Milberg et al.
2000; Smith 1994; Vogel 1992). This is evident in the large differences
in the type and degree of consumer privacy protection required by the
U.S. Government and the Europian Union (Pincus and Rogers 1997; Sarathy
and Robertson 2003; Scheibal and Gladstode 2000).
The third reason why consumer privacy is not considered an absolute
right is that there are often competing claims by consumers and
marketers concerning information ownership (Foxman and Kilcoyne 1993;
Milne and Gordon 1993; Nowak and Phelps 1992). As we saw in the previous
section, issues of consumer privacy often focus on control over personal
information. At the heart of this issue of control is the notion of
information rights. Unfortunately, consumers and marketers often
disagree over who maintains the rights to the information provided in an
exchange (Foxman and Kilcoyne 1993). Most consumers perceive that the
information they provide in a commercial transaction belongs to them,
whereas marketers and firms perceive that the information, once given,
belongs to the organization (Cespedes and Smith 1993; Nowak and Phelps
1992). These competing claims make it difficult to manage the
conflicting rights to privacy claimed by both consumers and firms. For
instance, one researcher analyzed whether bankrupt Internet companies
can sell private consumer information to pay off their debt and found an
absence of specific laws prohibiting such a sale (Carroll 2002). In this
case, the commercial interests of creditors clashed with the privacy
concerns of consumers, bringing to light the question of information
ownership and the difficulty of managing privacy rights.
The Ethics of Consumer Privacy--Because privacy has a strong
normative component to it, it is not surprising that researchers have
also examined the ethical dimensions of consumer privacy (Ashworth and
Free 2006; Caudill and Murphy 2000; Foxman and Kilcoyne 1993). Consumer
privacy has been examined in the literature from a number of ethical
perspectives including utilitarianism, egoism, relativism, justice,
duty, virtue, and social contract theory. In this section, we briefly
summarize the findings of the ethical studies of consumer privacy.
Teleological and deontological ethical theories (including
utilitarianism, ethical egoism, and ethical formalism) have been used to
explain the conflicts that arise between consumers and firms in the
collection and use of transactional data (Foxman and Kilcoyne 1993).
Firms often justify their use of consumer information on utilitarian
grounds by arguing that the collection and analysis of this information
will provide greater benefits to consumers as a whole, such as better
targeting, higher quality service, and lower prices (Milne and Gordon
1993). From an ethical perspective, there are two problems with this
argument. First, firms often benefit more than consumers from the use of
this information, as the 1973 supervisory committee found (see above),
which may cause firms to ignore or incorrectly estimate the utility of
their actions in order to fulfill their egoistic needs. Second, the fact
that consumers are often unknowledgeable of a firm's information
practices denies them their deontological rights of respect and autonomy
(Dommeyer and Gross 2003; Foxman and Kilcoyne 1993; Milne and Rohm
2000).
It has been argued that these problems that arise in the collection
and use of consumer information cannot be reconciled simply by a
utilitarian justification, but require the application of a
deontological ethical theory such as Kant's categorical imperative,
which considers an act to be moral if it can be universalized to all
people and situations (Kant 1959). Under this approach, both consumers
and firms would have to accept the rights and protections that they
demand of the other party, with the implication that this can only take
place under the condition where there is control and knowledge by both
parties (Foxman and Kilcoyne 1993; Nowak and Phelps 1997). Another
study, though, has argued that firms' can justify electronic
monitoring of consumers' online behavior on both utilitarian and
deontological grounds (Charters 2002). As long as the firm focuses on
the utilitarian goal of minimizing potential consumer harm and the
deontological goal of respecting individual autonomy by providing
consumers with enough information to make their own decisions, the firm
is behaving ethically in terms of consumers' right to privacy
(Charters 2002). For example, while some scholars argue that firms need
to offer consumers both a detailed privacy statement and full control
over their personal information for the firms' privacy practices to
be ethical, others argue that a detailed privacy statement is all that
is ethically required by firms for consumers to make an informed choice.
Either way, for consumer privacy practices to be considered ethical,
there needs to be both knowledge and control on the part of consumers
regarding the collection and use of their personal information, though
there is clearly still some debate concerning the proper amount of
knowledge and control that firms need to provide.
Social contract theory, or the idea that individuals enter into
reciprocal relationships based on a form of equitable exchange (Dunfee,
Smith, and Ross 1999), has also been applied to consumer privacy in
order to explain the perceived trade-offs that are made between
consumers and firms in the exchange of consumer information (Culnan
1995; Milne and Gordon 1993). It has been argued that when consumers
provide firms with personal information in order to receive some form of
benefit, they enter into an implied social contract with the firm (Milne
and Cordon 1993). The result of this social contract is that consumers
are often willing to sacrifice some of their privacy in exchange for
something of value, subject to a "privacy calculus" in which
they perform a personal cost/benefit analysis (Cespedes and Smith 1993;
Culnan and Armstrong 1999; Laufer and Wolfe 1977). These social
contracts, however, are only ethical when consumers understand the terms
and conditions underlying these social contracts, as well as the actual
costs and benefits that can accrue from the exchange relationship
(Culnan 1995; Milne and Gordon 1993). This can only be achieved when
there is consumer knowledge and control over the exchange of their
personal information.
Justice theory has been applied to consumer privacy in order to
explain consumers' perceptions of ethical fairness in the exchange
relationship (Ashworth and Free 2006; Culnan and Armstrong 1999; Culnan
and Bies 2003; Sarathy and Robertson 2003). Three types of justice that
have been examined in the consumer privacy literature include
distributive justice (i.e., the evaluation of outcomes or results),
procedural justice (i.e., the evaluation of the processes and activities
that lead to the outcomes), and interactional justice (i.e., the
evaluation of the communication process) (Culnan and Bies 2003; Sarathy
and Robertson 2003). In terms of distributive justice, it has been
argued that consumers must feel that the value they receive from a firm
is commensurate with the personal information they provide in order for
the exchange to be considered ethical (Ashworth and Free 2006). This is
similar to equity theory in which fairness is based on a comparison of
inputs and outputs in the exchange relationship (Adams 1965). It has
been suggested that factors such as information sensitivity, data usage,
and compensation impact perceptions of distributive justice because they
influence consumers' evaluation of both the inputs and outputs of
the exchange relationship (Ashworth and Free 2006). For example, if
consumers consider the information that they provide to firms as very
sensitive, then they must feel that the inputs the firm provides (e.g.,
data security) and the outputs they receive (e.g., financing) are worth
the risk for this to be an ethical exchange.
In terms of procedural justice, it has been argued that consumers
are usually willing to disclose personal information and allow this
information to be used by a firm when they perceive fair information
practices in place to protect their privacy (Culnan and Armstrong 1999).
It has also been suggested that awareness is the primary factor that
affects perceptions of procedural justice because it directly impacts
consumers' evaluations of the information practices of a firm and
their ability to exercise control over the exchange relationship
(Ashworth and Free 2006). That is, consumers must not only be aware of
the information practices of a firm, but they must be provided with
enough information to make a reasonable assessment of these practices
and an informed choice concerning their personal information for there
to be procedural justice. In addition, firms cannot merely enumerate any
type of information practices in their privacy policies for there to be
procedural justice, but must make sure that the information practices
fairly balance the concerns of the firm with the concerns of the
consumer (Culnan and Armstrong 1999).
Lastly, in terms of interactional justice, research has found that
firms can build trust, and thus mitigate privacy fears, by communicating
the fairness of their privacy practices to their customers (Culnan and
Armstrong 1999). One way for firms to do this is try to understand the
normative expectations of their customers and communicate their duties
in regards to these expectations to their customers (Ashworth and Free
2006; Caudill and Murphy 2000). For example, firms should not simply
provide a laundry list of information practices in their privacy
policies, but should try to address consumers' privacy concerns by
explaining the consumers' rights and the firms' obligations.
By doing this, firms can move beyond simply establishing a contractual
relationship and develop an ethical bond with their consumers that
permeates the whole exchange relationship (Caudhill and Murphy 2000).
While adherence to any or all of these three forms of justice can
mitigate consumers' privacy concerns, it is suggested that
violations of any of them will negatively impact consumers' ethical
perceptions of the firm (Culnan and Bies 2003).
Consumer-Related Privacy Issues
The increased focus on the consumer and the demand for personal
information in almost every business transaction has had a significant
impact on consumers' sense of anxiety regarding their personal
privacy. To grasp the breadth of consumers' privacy concerns, one
needs to examine both the causes and the effects of these concerns, as
well as the steps that consumers are taking to manage their privacy. In
this section, we review the consumer privacy literature in terms of the
antecedents, management, and consequences of consumer privacy concerns.
Consumer Privacy Concerns and their Antecedents--Scholars have
identified five major influences on consumers' privacy concerns,
viz. consumer awareness, information usage, information sensitivity,
familiarity with the firm, and compensation (Phelps et al. 2000; Sheehan
and Hoy 2000). In terms of consumer awareness, research suggests that
consumers' privacy concerns are triggered when consumers become
aware that firms have collected and/or used their personal information
without their permission (Cespedes and Smith 1993). One of the most
common ways that consumers become aware of these practices is when they
receive unsolicited promotions related to recent transactions. Many
firms are now offering opt-in or opt-out mechanisms that inform
consumers of the firm's information practices and provide them with
a choice of whether or not to participate (Milne and Rohm 2000). This is
important because it has been found that consumers tend to be less
concerned about their privacy when firms seek permission to collect and
use their information (Nowak and Phelps 1995).
In terms of information usage, it has been found that consumers
become concerned about their privacy when they do not know how their
information is being used (Sheehan and Hoy 2000). Of primary concern to
consumers is the secondary use of their information (Nowak and Phelps
1995). This is when consumer information obtained in the original
transaction is used for purposes unrelated to the transaction or sold to
other firms. Consumers often view this secondary use of their
information, especially when they are not made aware of these practices,
as a violation of their privacy (Cespedes and Smith 1993; Phelps et al.
2000; Wang and Petrison 1993). In addition, the amount of information
control desired by consumers also has a bearing on the degree of privacy
concern with regards to information usage (Campbell 1997; Culnan and
Armstrong 1999). In the direct marketing context, it has been found that
the greater the desire on the part of consumers for control over their
personal information, the stronger is their concern to maintain their
privacy rights (Phelps et al. 2001).
In terms of information sensitivity, it has been found that how
sensitive the person considers the information has a impact on their
privacy concerns (Sheehan and Hoy 2000). Information sensitivity refers
to the degree to which individuals feel that their personal information,
if released or shared with others, can harm them (Gandy 1993). The more
sensitive the information, the more concerned the person will be about
their privacy (Phelps et al. 2000). In general, not all information is
regarded as the same. Consumers seem less concerned about the collection
and usage of information related to demographic characteristics,
purchase behavior, and lifestyle habits and more concerned about the
collection and usage of financial data, medical records, and personal
identifiers (e.g., social security numbers) (Phelps et al 2000; Sheehan
and Hoy 2000; Vidmar and Flaherty 1985). In addition, information
sensitivity often differs by individual and situation (Milne 1997; Nowak
and Phelps 1992).
In terms of familiarity with the firm, research suggests that
consumers' overall attitude towards a firm has a direct impact on
their privacy concerns. In one study, it was found that as
consumers' positive attitudes towards a firm's direct
marketing practices increased, the degree of privacy concerns decreased
(Phelps, D' Souza, and Nowak 2001). In another study of online
privacy concerns, it was found that the nature of the relationship (i.
e., short-term vs. long-term) between the customer and firm directly
influences what types of personal information were provided and the
degree of control over the information sought by the consumer (Sheehan
and Hoy 2000). A key aspect of familiarity with the firm is trust
(Vidmar and Flaherty 1985). It has been found that consumers who trust
the firm are less concerned about their privacy and more willing to
provide personal information (Schoenbachler and Gordon 2002). Some of
the ways for firms to signal trustworthiness include security
disclosures, privacy disclosures, seals of approval, and awards from
neutral sources (Wang, Beatty, and Foxx 2004).
In terms of compensation, it has been suggested that compensating
consumers for sharing their personal information can have an impact on
their privacy concerns (Goodwin 1991; Milne and Gordon 1993; Sheehan and
Hoy 2000). At the heart of most privacy concerns is the trade-off
between the benefits received and the costs incurred from disclosure of
one's personal information (Laufer and Wolfe 1977; Westin 1967).
Consumers place a value on their personal information and will only
disclose this information if they feel that the benefit they receive
outweighs costs of disclosure (Ashworth and Free 2006; Dunfee et al.
1999). For instance, research in the direct mail and online contexts
suggest that consumers perform a cost/benefit analysis of all the
factors related to any particular direct mail situation in order to
assess privacy concerns (Caudhill and Murphy 2000; Goodwin 1991; Russell
1989). One way for firms to affect this equation is to provide benefits,
in this case some form of compensation, specifically for the disclosure
of information. In a conjoint study of the trade-offs among all the
attributes associated with direct mail (i.e., volume, targeting,
compensation, and permission), it was found that the compensation factor
(i.e., consumers getting paid through coupons, rebates, discounts etc.)
was the most important determinant of satisfaction (Milne and Gordon
1993).
In addition to the five general factors presented above, research
has also examined how various demographic factors affect consumers'
privacy concerns (Culnan 1995; Dommeyer and Gross 2003; Sheehan 1999).
An examination of gender differences in attitudes and behaviors toward
online privacy found that women generally are more concerned than men
about the impact of information collection on their privacy (Sheehan
1999). Ironically, in terms of more specific online privacy behaviors,
the same study found that women tend to read more unsolicited email than
men, that women notify their Internet Service Provider (ISP) about
unsolicited email less often than men, and that women register on
websites more often than men, though it was found that women provide
incomplete information more often than men (Sheehan 1999). Another study
found that men, though, are more likely to provide false information
online than women (Chen and Rea 2004). In addition, it was found that
men tend to react more aggressively to perceived privacy violations than
women and adopt a wider range of behaviors (such as complaining) when
addressing privacy concerns (Sheehan 1999).
In another study that examined both gender and age on
consumers' privacy concern, it was found that men are more likely
to be aware of strategies to protect personal information than women,
and that younger individuals are more aware of these strategies than
older individuals (Dommeyer and Gross 2003). Thus, although women seem
to be more concerned about the collection and use of their information
than men, men appear to be more aware of strategies to protect their
privacy, which may account for the lower concern. In addition to gender,
it was found that younger individuals were more likely to employ
strategies to protect their privacy than older individuals (Dommeyer and
Gross). In a another study of consumer awareness of privacy protection
procedures, it was found that those consumers who were most likely to be
unaware of these procedures were more likely to be young, poor, less
educated, and African-American (Culnan 1995). Lastly, it was found that
people who had attended a vocational school or had some college were the
most concerned about how companies used their personal information
(51%), followed by high school graduates (46%) and then college
graduates (36%) (Phelps et al. 2000).
Consumer Management of Privacy Concerns--The lack of comprehensive
privacy regulation in the U.S. means that in most situations, consumers
who have privacy concerns must take steps to manage their own privacy
protection. Some consumer privacy protection strategies include reading
privacy notices, providing incomplete or no information to firms (e.g.,
not filling out product registrations and/or establishing permanent
online accounts), engaging in name removal (e.g., choosing opt-out
arrangements), and exercising one's legal rights (Milne and Culnan
2004; Milne and Rohm 2000). Unfortunately, even when consumers take
precautions to protect their privacy, once their information has been
collected and disseminated, there is often little they can do to protect
their personal information.
For consumers, self-management of privacy concerns begins with
awareness and knowledge of marketing practices and privacy protection
strategies (Culnan 1995; Nowak and Phelps 1992). Studies have noted that
overall consumer knowledge of direct marketing practices and
regulations, though, is very limited (Dommeyer and Gross 2003). In a
national survey of over 1500 consumers who use direct mail to make
purchases, Milne and Rohm (2000) found that only 34% of respondents
could be classified as existing in a "privacy state" (defined
as the condition in which the consumer is aware of a firm's
information practices and privacy protection mechanisms). In a study of
consumer awareness of name removal procedures, it was found that 52% of
the public were not aware of a firm's name removal procedures
(Culnan 1995). These results suggest that the limited knowledge of
firms' information practices, coupled with the lack of
comprehensive government regulation of consumer privacy, leaves
consumers in a very vulnerable position with regards to the protection
of their privacy by firms. As a result, it is up to the consumer to
manage their own privacy protection.
Reading the contents of privacy notices is one way that consumers
can increase their knowledge and manage their privacy concerns. Privacy
notices can enhance the sense of control consumers feel they have and
can help them decide whether or not to share personal information (Wang
et al. 2004). One study on online privacy notices found that three
factors that positively impact the tendency to read online privacy
notices include consumer's concern for privacy, positive
perceptions about notice comprehension, and higher levels of trust in
the notice (Milne and Culnan 2004). In spite of this, a large majority
of individuals do not look for or read privacy policies (Milne, Rohm,
and Bahl 2004). Instead, many consumers rely on other heuristics to
decipher privacy protection, such as third party privacy seals, brand
reputation, or prior experience with the firm (Bowie and Jama12006).
Interestingly, use of such alternative heuristics is found to be
negatively associated with reading of privacy notices (Milne and Culnan
2004).
With the rise of identity theft, numerous strategies have been
proposed to help consumers protect their privacy. Offline strategies
include understanding information practices, monitoring your credit,
protecting your mail, minimizing the amount of information you disclose,
and protecting your social security number (FTC 2001). In a study of
theft prevention practices by both a college student and non-student
sample, it was found that both groups practice many of these offline
strategies, but that few individuals in either group order yearly credit
reports, ask merchants how they are going to use their personal
information before they reveal it, or pick up new checks from the bank
(Milne 2003). Other strategies that consumers can employ to protect
their privacy online include utilizing secure websites, opting-out of
third party information sharing, creating separate email accounts,
encrypting email, and using anonymous browsing software (Center for
Democracy and Technology 2003). In a study of online identity theft
protection behavior, it was found that a majority of respondents
utilized secure online forms, opt-out mechanisms, and separate personal
email accounts, while less than a third cleared their computer's
memory, encrypted their emails, or used anonymous Internet browsing
software (Milne et al. 2004). In another study, it was found that there
was a strong positive relationship between privacy concerns and online
privacy protection behavior (Sheehan and Hoy 1999). As privacy concerns
increased, consumers were more likely to provide incomplete information
to websites, to complain to their ISP about unsolicited e-mail, request
removal from mailing lists, and "flame" (i.e., sending a
highly negative message) those entities sending unsolicited e-mail
(Sheehan and Hoy 1999).
In addition, studies utilizing poststructuralist theory offer
another perspective on how consumers manage their privacy (Zwick and
Dholakia 2004). In order to protect their identities and personal
information, consumers may or may not choose to represent themselves
accurately to firms. Research has identified four approaches that
consumers take to manage their online identities: 1) identifiability
(i.e., disclosure of all personal information with high accuracy), 2)
confidentiality (i.e., disclosure of highly accurate but restricted
information), 3) secrecy (i.e., nondisclosure of information), and 4)
anonymity/pseudonymity (i.e., disclosure of information that is
inaccurate) (Zwick and Dholakia 2004). It is argued that the digital
representation of the consumer (i.e., the identity that exists as bits
of information about the consumer in firm's databases) constitutes
the totality of a consumer's identity for a firm. In effect, firms
market their products and services to these digital representations and
not to the physical reality of consumers. Therefore, for consumers the
highest state of self-determination and control comes when firms,
especially online firms like Amazon.com, provide full access to the
content of their databases to consumers so they can craft their digital
identity (Zwick and Dholakia 2004).
Consumer Privacy Concerns and their Consequences--If
consumers' privacy concerns are not mitigated through
self-management strategies or firm initiatives, they can have
potentially negative consequences on consumers' attitudes and
behaviors (Milne and Boza 1999; Phelps et al. 2001; Sheehan and Hoy
1999). In fact, the relationship between these negative consequences is
often complex. For instance, in a study of direct marketing practices,
it was found that consumers' negative attitudes towards a
firm's information practices directly affected their trust in the
firm and their purchase behaviors (Milne and Boza 1999). In another
study of 477 U.S. households, researchers found that privacy concerns
had a significant impact on online purchase intent, with the greatest
negative impact being through its relationship with trust (Eastlick,
Lotz, and Warrington 2006). Additionally, a national survey of 556
consumers found a significant negative relationship between privacy
concerns and purchase behaviors (Phelps et al. 2001). Consumers who were
highly concerned about their privacy demonstrated lower recency,
frequency, and monetary value of catalog purchases (Phelps et al. 2001).
Firms can mitigate these negative effects by signaling and building
trust with the consumer, especially by exhibiting procedural justice
through the use of fair information practices and privacy protection
(Culnan and Armstrong 1999).
Not only do consumers' privacy concerns have a negative effect
on purchase intentions and behaviors, but they can also have a
devastating effect on consumers' willingness to provide information
(Schoenbachler and Gordon 2002; Sheehan and Hoy 1999; Wang et al. 2004).
This is extremely important because it cuts at the very heart of the
market orientation approach that underlies most business practices today
(Dolnicar and Jordaan 2007). In a national study of online users, it was
found that as consumers' privacy concerns increased, the frequency
with which they registered on websites decreased, the frequency with
which they provided incomplete information increased, and the frequency
in which they requested removal of their names from mailing lists
increased (Sheehan and Hoy 1999). All of these consequences clearly have
a negative impact on the ability of firms to collect information.
Another study found that relieving consumers' privacy concerns
leads to a higher willingness to disclose personal information (Wang et
al. 2004). As mentioned previously, one major way to do this is to
facilitate a sense of trust between the consumer and the firm. In a
national study of 5,000 direct mail consumers, it was found that
consumers' feeling of trust in a firm positively influences their
willingness to share information (Schoenbachler and Gordon 2002). In
fact, it has been found that establishing trust is more effective than
addressing privacy concerns when managing consumer information (Milne
and Boza 1999).
Firm-Related Privacy Issues
In addition to the literature on consumer-related privacy issues,
researchers have also examined privacy from the perspective of the firm.
In general, this firm-level research has addressed three main privacy
issues: 1) the extent to which firms are following the fair information
practices (FIPs) in their privacy policies/ notices, 2) the legal and
business challenges that firms face when dealing with consumer privacy
protection, and 3) the various alternatives available to firms in order
to manage and communicate consumer privacy protection while pursuing
strategic and financial success in the marketplace.
Compliance with FIPs--In 1998, the FTC issued a report to the U.S.
Congress that investigated the self-regulation of online privacy by
commercial businesses (FTC 1998). In the report, the FTC argued that the
protection of consumer privacy was necessary for consumers to
participate in the online marketplace and for electronic commerce to
reach its full potential. The FTC commissioned a study that analyzed the
collection of personal information and compliance with the FIPs of over
1,400 online commercial websites. The FIPs were defined as
notice/awareness, choice/consent, access/participation,
integrity/security, and enforcement/redress (see the Appendix for full
details on the FIPs). The results from the study indicated that although
more than 85% of commercial websites collected some form of personal
information, only 14% provided notice of their information practices,
with only 2% doing so through a comprehensive privacy policy (FTC 1998).
While a follow-up study in 2000 provided evidence that more firms were
providing privacy statements/policies, the FTC concluded that more had
to be done to encourage firms to self-regulate their privacy practices
and ensure the adoption of the FIPs.
Independent studies have also been conducted that examine the
adoption of the FIPs by firms both across and within industries. In a
study that examined consumer privacy across industry sectors, Culnan
(2000) found that 92.8% of commercial websites collect some form of
personal information. Of those websites that posted a privacy
disclosure, only 13.6% contained all five FIPs, and only 24.9% contained
any four of the five elements. Unlike the 1998 FTC study, Culnan found
that 89.8% contained at least one element of notice (Culnan 2000). In a
four year (1998-2001) longitudinal study, Milne and Culnan (2002)
examined changes in privacy policies, information practices, and FIP
compliance for commercial online websites. They found that there were
significant increases in all three of these categories. Specifically,
they found that more firms were offering privacy policies, that the
privacy policies contained more information on the firm's
information practices, and that FIP compliance was increasing in the
areas of notice, control, and security. Although the data for access
were incomplete, the percentage of websites providing consumers with
access to their data was significantly less than compliance with the
other categories, suggesting that while the majority of firms are
addressing the issue of consumer knowledge, they only partially address
the issue of control (Foxman and Kilcoyne 1993; Milne and Culnan 2002).
Research has also examined FIP compliance within several different
industry sectors. In the retail sector, Miyazaki and Fernandez (2000)
found considerable differences in the privacy and security disclosures
among online retailers in 17 different shopping categories. A study of
Internet health related websites found that although close to 90% of the
sites provided some form of notice of their information practices, less
than 30% provided information about choice and security, and only 15%
provided access (Sheehan 2005). In a study of the privacy policies of 35
Fortune e-50 firms, researchers evaluated the firms' privacy
statements in terms of a range of FIP compliance (i.e., full, partial,
or noncompliance) and found that the vast majority of firms only
partially comply with all of the FIPs (Ryker et al. 2002). Another study
that examined the range of compliance in the privacy policies of 30 of
the largest international hotel websites revealed similar findings, with
the majority of hotels only partially complying with the FIPs
(O'Conner 2003). In the non-profit sector, a study of 102 Christian
church web sites found that although the vast majority (99%) collected
personal information (including information about children), only 36%
provided security, only 13% provided notice, and only 2% provided some
form of choice (Hoy and Phelps 2003).
The results of these studies suggest that while many firms are
increasingly providing privacy policies, there still remains substantial
variance in the content of their privacy policies, in their actual
information practices, and in their level of FIP compliance. Although
firms realize that their position on consumer privacy protection can
affect their long-term customer relationships (Nowak and Phelps 1997;
Schoenbachler and Gordon 2002), there is still little consistency among
firms' privacy policies. Many firms have discovered that explicitly
communicating a privacy policy can reduce consumers' fears of
providing personal information and build trust in the exchange
relationship (Andrade, Kalcheva, and Weitz 2002; Eastlick et al. 2006;
Milne and Boza 1999). At the same time, many firms still craft their
privacy policies to benefit and protect the firm first and address
consumer privacy issues second (Nowak and Phelps 1997; Pollach 2005;
Thomas and Maurer 1997).
Legal and Business Challenges--Most market-oriented programs are a
two-way street. They can help create personalized communications,
customized offerings, and higher levels of customer service only if
consumers are willing to provide the firm more personal information
(Rust et al. 2002). This poses a unique challenge for market-oriented
firms: how to balance greater value delivery through the collection of
customer information while addressing both the legal and personal
concerns about consumer privacy (Nowak and Phelps 1997). On the legal
front, in addition to complying with the FIPs, firms need to be aware of
legislation specific to their industries and to their area of operation
in the U.S. (Bloom, Milne, and Adler 1994). For instance, legislation
exists in the health insurance industry (Health Insurance Portability
and Accountability Act), credit reporting industry (Fair Credit
Reporting Act), and telemarketing (National Do Not Call Registry). At
the state level, a number of different laws exist to protect consumer
privacy (Peslak 2005; Smith 2002). For instance, where California
forbids using state-agency transaction information (such as auto or
property registration), Maryland forbids asking for phone numbers of
people when they sign credit card slips (Bloom et al. 1994). Firms also
need to be aware of technology-specific legislation. For instance,
technologies such as Caller ID that enable firms to determine the name,
address, credit card number, credit rating, past shopping behavior, etc.
of the caller before answering the call, are permitted in states like
California only if "blocking" (wherein the caller can disable
the Caller ID mechanism) is allowed (Bloom et al. 1994). The challenge,
therefore, is to a priori manage the strategic planning before launching
products, services, technology, and customer data collection in a new
market, so that lawsuits under privacy protection legislation can be
avoided.
In addition to the potential legal pitfalls, privacy protection
also poses unique business challenges for firms (e.g., how to best
manage self-regulation of consumer privacy so as to deliver an optimal
level of privacy protection without unduly restricting the business
practices of the firm) (Bowie and Jama12006). How consumers perceive the
firm's privacy protection efforts is critical to resolving this
issue (Culnan and Bies 2003). Research suggests that if consumers do not
perceive firms as adequately protecting their privacy, they will
distrust self-regulation and prefer state intervention (Milberg et al.
2000). Other scholars argue that if privacy protection is left to the
free market forces (assuming no government intervention), the amount of
privacy will decline over time due to the fact that firms will find it
increasingly expensive to maintain privacy (Jones 1991; Thomas and
Maurer 1997; Rust et al. 2002). Therefore the business challenge is to
create conditions so that self-regulation of privacy meets or exceeds
the expectations of consumers while minimizing the costs of
self-regulation for the firm.
Managing Privacy Protection--A growing body of literature addresses
ways that firms can address privacy issues to not only abate consumer
concerns, but also ensure corporate health. A framework has been
proposed that suggests that firm-level factors (e.g., age, experience,
profit/non-profit, public/private, and corporate culture) should be
taken into consideration (in addition to historical, ethical, and legal
factors) before arriving at a privacy protection strategy (Sarathy and
Robertson 2002). Research suggests that these firm-level factors have a
direct bearing on the degree and type of privacy protection offered by a
firm. For instance, it is argued that for-profit businesses that are
more information-driven, privately-held, and customer-oriented are more
likely to be diligent about protecting privacy and ensuring long-term
customer loyalty (Sarathy and Robertson 2002).
Various recommendations have been made to help firms better manage
the self-regulation of consumer privacy protection. One recommendation
is that firms should conduct a cost-benefit analysis, where the costs
include the costs of compliance (i.e., costs of access to data,
providing notice, getting consent, giving choice, etc.) against the
benefits of additional revenue gains (Sarathy and Robertson 2002). The
firm should pick a privacy strategy that aims to reduce the total cost
of compliance (e.g., through effective database design) or be willing to
compensate the consumer in exchange of more personal information (Milne
and Gordon 1993; Sheehan and Hoy 2000). It is also recommended that
firms should monitor the gains from the collection of consumer
information (e.g., personalization and customization of marketing
programs) and communicate these gains to the consumers. Importantly, if
consumers do not perceive any gains or an increase in value from the
firm's information collection practices, they are more likely to be
concerned about providing the firm with personal information (Ashworth
and Free 2006; Sarathy and Robertson 2002).
Another recommendation that is often mentioned as a precursor to
effective self-regulation is the notion of the firm's
trustworthiness (Culnan and Armstrong 1999; Milne and Boza 1999; Sarathy
and Robertson 2002; Wang et al. 2004). Winning consumer trust is seen as
a strong antecedent to conveying privacy protection to consumers. As
mentioned above, research suggests that improving trust helps to reduce
consumers' privacy concerns concerning the collection and analysis
of personal information (Milne and Boza 1999). Results indicate that
consumers who trust businesses attribute it to past experience,
reputation, contractual information (i.e., firms clearly disclosing
information practices), and regulation (Milne and Boza 1999). It has
been suggested that firms can enhance consumer trust, especially in the
context of privacy, by building stronger relationships with their
customers, maintaining transparent privacy policies, providing fair
information practices/procedures, restricting secondary use to consumer
information, and signaling actions taken by the firm that serve
consumers better (Campbell 1997; Culnan and Armstrong 1999; Milne and
Boza 1999; Wang et al. 2004).
Communicating Privacy Protection--Articulating an explicit and
transparent privacy policy is also seen as an important precursor to
effective privacy protection by firms. Research has examined privacy
policies from a linguistic perspective in order to determine if the
language of these policies adequately conveys a firm's information
practices so the person reading them can provide informed consent
(Pollach 2005). Analysis shows that many corporate privacy policies are
not very transparent and are often confusing to the reader. It has also
been found that most firms use one of four communicative strategies when
crafting a privacy policy: 1) mitigation and enhancement (i.e., firms
mitigate the negative impact of certain actions and selectively enhance
the qualities of other practices), 2) persuasive appeals (i.e., firms
use rational and emotional appeals to show consumers that they are
trustworthy and reliable), 3) obfuscation of reality (i.e., firms use
the hedging technique of using confusing language to side-step privacy
issues), and 4) relationship building (i.e., firms use language to
emotionally involve readers in the discourse). It has been recommended
that firms need to reconsider the unethical practices involved in
crafting privacy statements and to revise the wording of their privacy
policies in more transparent and responsible ways (Pollach 2005).
Other researchers have analyzed privacy policies in terms of their
level of readability (Milne, Culnan, and Greene 2006; Sheehan 2005).
Readability has been measured in terms of the grade level at which a
privacy policy is written and ease of reading it (Flesch 1949). Because
knowledge is a key dimension of consumer privacy and notice, or
awareness of a firm's information practices, is one of the five
FIPs that firms should follow, consumers should to be able to read and
understand a firm's privacy policy in order to exercise their right
to privacy. In a longitudinal study of 312 online privacy notices, it
was found that the average readability level of privacy policies, as
well as their length, had increased between 2001 and 2003 (Milne et al.
2006). Most of the privacy policies analyzed were written at a
grade-level much higher than the U.S. national average. This may help to
explain why many consumers do not read privacy policies and why their
understanding of these policies and their rights remains quite low
(Milne, Rohm, and Bahl 2004). In a study of direct-to-consumer drug web
site privacy policies, it was found that readability of the policies
(almost a twelfth grade-level) was far above the suggested eighth-grade
level (Sheehan 2005). Given the sensitivity of medical/health-related
information, though, it was found that most consumers still try to read
these policies before transmitting personal information.
FUTURE RESEARCH DIRECTIONS
As evidenced by the literature review, research on consumer privacy
has grown considerably in the past 20 years and has provided many
insights to researchers, practitioners, and policy makers alike. While
this research has made significant contributions towards highlighting
consumer privacy as a critical business issue, it has addressed this
phenomenon primarily from a social point of view and has focused less on
developing consumer privacy from a theoretical and practitioner
perspective (Margulis 2003). That is, the majority of research reviewed
in this article examines consumers' attitudes and behaviors
regarding privacy issues and the societal impact of firms' privacy
policies and information practices through descriptive studies. Less
research attention has been devoted to defining the domain of consumer
privacy, operationalizing its various components, and testing the
relationships between its antecedents and consequences. In addition,
recent changes in information technology, social and cultural mores, and
geopolitical policies have affected peoples' view of privacy,
participation, and surveillance. In the first section, we propose
various extensions to current literature that future consumer privacy
research can take in order to develop a more theoretically-driven body
of research that may possibly aid in the establishment of a theory of
consumer privacy. In the second section, we discuss contemporary issues
related to consumer privacy that merit attention in the academic
literature.
Future Consumer Privacy Research: Theoretical Issues
In this section, we examine areas of future consumer privacy
research that deal specifically with ways to strengthen the theoretical
foundations of consumer privacy. These areas include the
operationalization of consumer privacy, the examination of competing
consumer privacy rights, the understanding of the ethics of consumer
privacy, and the strategy of consumer privacy. Existing research has
laid the foundation on these topics, but considerable work still remains
to achieving a comprehensive understanding of consumer privacy.
Operationalizing Consumer Privacy--Early work in consumer privacy
focused on exploring the foundations of the general concept of privacy
and developing and refining the notion of consumer privacy (e.g., Jones
1991). Although many philosophical and legal definitions of privacy have
been explored in the literature, consumer privacy has been defined
mainly in terms of two dimensions: 1) knowledge and 2) control (Foxman
and Kilcoyne 1993; Goodwin 1991; Nowak and Phelps 1995). With much of
the literature accepting these dimensions of consumer privacy, a clear
operationalization of these components clearly deserves further research
attention. The task of operationalizing the dimensions of consumer
privacy, though, is indeed complex. Interestingly, although most
researchers define consumer privacy in terms of knowledge and control,
they tend to measure consumer privacy protection in terms of the five
FIPs (notice, access, control, security, and enforcement), as well as
additional factors not covered by the FIPs (Culpan 2000; Hoy and Phelps
2003; Sheehan 2005). Although the FIPs were written in terms of
protecting, rather than defining, consumer privacy, they do suggest that
there may be more aspects to consumer privacy than those captured in the
conventional definitions (Sheehan and Hoy 2000). Likewise,
consumers' perceptions of their degree of knowledge and choice,
rather than the actual existence of these dimensions, may impact
consumers' overall privacy concerns (Eastlick et al. 2006). This
suggests that the dimensions of consumer privacy may have to be expanded
and operationalized in such a way as to capture both the objective and
perceptual aspects of consumer privacy.
If consumer privacy researchers are going to continue to rely on
the FIPs as the standard for evaluating consumer privacy protection,
then it is also necessary to outline fully what the five FIPs entail. As
originally crafted by the FTC (1998), each of the five FIPs encompasses
a number of different dimensions (see Appendix). Unfortunately, much of
the consumer privacy research has only focused on the broader categories
of the FIPs when assessing consumer privacy protection. Is it really
appropriate to argue that a firm complies with the FIP of notice if it
simply tells consumers that it collects information and nothing else?
This would seem to constitute very weak notice on the part of the firm.
Likewise, if a firm offers consumers opt-in/opt-out choices concerning
the receipt of promotions/solicitations, but does not give them any
choice over how their information is managed or whom it is shared with,
does this really constitute control? A few researchers have attempted to
define each of the FIPs as multi-dimensional constructs in order to
evaluate the extent (e.g., low, medium, and high) to which privacy
policies encompass all of the dimensions of the five FIPs (O'Conner
2003; Ryker et al. 2002). This clearly makes more sense, but there is
currently no consensus in the literature on what constitutes the
necessary dimensions of each of the FIPs. As a result, operationalizing
not only consumer privacy, but also the dimensions of the FIPs would
enhance our understanding of consumer privacy and its protection. For
example, we feel that a more adequate test of notice would include
whether firms have identified in their privacy statements the entity
collecting their data, the nature of the data collected, the means by
the which the data will be collected, the uses to which the data will be
put, the potential recipients of the data, whether provision of the data
requested is voluntary or required, and the steps taken by the data
collector to ensure the confidentiality, integrity, and quality of the
data (FTC 1998).
Additionally, future research should also address the relationships
between the various dimensions of consumer privacy. Although intuitively
there seems to be a relationship between knowledge (notice) and control,
the literature suggests many different relationships. For example, while
there is agreement among researchers that consumers who possess high
levels of both knowledge and control require the least amount of privacy
protection (Foxman and Kilcoyne 1993; Goodwin 1991), there is also the
view that increased knowledge reduces consumers' desire for control
(Milne and Gordon 1993). This suggests that there may be an inverse
relationship between knowledge and control (i.e., the more knowledge
consumers have, the more they are willing to relinquish control).
Likewise, there appears to be a relationship between control and access.
Does a consumer really have control if they do not have access to their
information? At most, it appears that they only have partial control. In
addition, while most of the consumer privacy studies ignore the FIP of
enforcement, security probably does not mean much unless there is
actionable redress for violations of consumer privacy protection.
Without clearly operationalizing these concepts and testing the
relationships under various conditions, we are left merely to speculate
on how they interact.
Examining Competing Consumer Rights--Two issues related to the
definition of consumer privacy that also deserve further theoretical
development include consumer privacy rights and information ownership.
It has been argued that privacy is not an absolute right and that
consumers' right to privacy often conflicts with other rights, such
as consumers' right to be informed and marketers' right to
free speech (Borna and Avila 1999; Goodwin 1991; Milne and Gordon 1993).
In order to clearly understand the relationships between these various
rights/privileges, it is necessary to understand theoretically the
trade-offs consumers are willing to make between these rights. For
instance, research suggests that the role the consumer plays in the
decision-making process explains the conflict between the right to
privacy and the right to be informed (Lally 1996). The complexity of
consumers' perceived rights/privileges suggests that there could be
other factors (e.g., involvement, commitment, intentions), beyond the
personal, social, and cultural factors outlined in the literature, that
impact the trade-offs between privacy and other rights. For example,
whether the consumers perceives a transaction with a firm as a single,
discrete exchange or the beginning of a long-term commercial
relationship may impact their willingness to provide information and the
particular right (e.g., right to privacy versus the right to be
informed) that takes precedence. Identification and examination of these
additional factors and their relationships will not only extend our
theoretical understanding, but also potentially inform future business
strategy and policy/regulation concerning privacy rights.
In addition, the question of information ownership (i.e., who
controls consumer information once it has been collected) is a central
issue in the debate over consumer privacy (Borna and Avila 1999; Foxman
and Kilcoyne 1993). In order to address this issue, it is necessary for
us to understand what exactly constitutes information ownership, how
perceptions of ownership vary by information type, and what other
factors intensify or mitigate claims to ownership. Because the
characteristics of information are different than those of physical
possessions (i.e., even when you give or sell information, you still
have possession of it), this privacy issue may be better addressed in
relation to intellectual property laws. That is, information ownership
may be defined in terms of who possesses and maintains the rights to the
information and its distribution. We propose that a better understanding
of these issues will have a direct impact on the privacy dimensions of
knowledge and control, as well as on various other consumer issues such
as trust, commitment, and purchase intention. In turn, we also propose
that these issues will also impact the long-term business-to-consumer
relationship in terms of consumer satisfaction, quality perceptions, and
brand loyalty. As a result, businesses, as well as consumers, must be
aware of the trade-offs concerning information ownership that are
inherent in the consumer privacy debate.
Understanding the Ethical Dimensions of Consumer Privacy--Many of
the articles that have examined the ethical dimensions of consumer
privacy are conceptual in nature and are based primarily on logical
arguments (e.g., Ashworth and Free 2005; Caudill and Murphy 2000;
Charters 2002; Culnan and Bies 2003; Foxman and Kilcoyne 1993; Milne and
Gordon 1993; Peslak 2005). Although the number of ethical frameworks
that have been used is quite extensive (e.g., teleological ethics,
deontological ethics, justice theory, and social contract theory), it
seems unlikely that all of these theories apply in every situation
associated with consumer privacy. In order to extend this area of
research, marketers should test under what conditions each of these
ethical frameworks has the greatest impact on consumer privacy and the
implications of utilizing different ethical frameworks. For example,
Culnan and Armstrong (1999) examine the relationship between procedural
justice and trust and its effect on the disclosure of personal
information. Given the normative component of privacy, it seems likely
that there are main effects and interactions between the various ethical
dimensions and dimensions of consumer privacy. Therefore, in order to
expand our understanding of consumer privacy and its antecedents and
consequences, it would be valuable to extend this ethical research by
testing the relationship of a firm's ethical practices and consumer
perceptions of these practices on consumer privacy.
Exploring the Strategy of Consumer Privacy--In order for firms to
be more effective in delivering value in the future, managing consumer
privacy protection has to move beyond being a tactical concern towards
being a more strategic one. While the notion of privacy protection as a
strategic asset has been alluded to by other scholars (Ashworth and Free
2006), future research should examine the drivers and conditions that
help firms' manage privacy protection as a strategically beneficial
and proactive alternative. Most firms simply react and adapt to
regulatory, industry, or consumer pressures regarding consumer privacy
(Sarathy and Robertson 2003). As consumers and policy makers look toward
heightened legislation, firms should look beyond being reactive, and
instead embrace proactive approaches to managing privacy. Two areas in
which this proactive adaptation can play out include organizational
structure and strategy (Jennings and Seaman 1994).
In terms of organizational structure, research attention should be
given to ways of institutionalizing consumer privacy protection within
the firm. For instance, both the short-term and long-term impact of
hiring privacy officers ought to be examined. Business practitioners
note that privacy officers can not only help assess privacy risks and
craft privacy policies, but can also audit company processes and handle
consumer complaints and resolution (Shea 2002). In addition, the
effectiveness of privacy officers needs to be examined in terms of the
contributions they make to the firm's strategic planning and their
proactive stance towards putting a good consumer privacy policy in place
before it is legislated by the state. By understanding how to utilize
privacy offers in a way that benefits both the organization and its
customers, firms will be better able to manage the costs associated with
consumer privacy protection and to communicate the benefits that accrue
to customers.
In terms of strategy, research needs to address a firm's
concern for consumer privacy within the broad domain of market
orientation (Kohli and Jaworski 1990; Narver and Slater 1990). The full
impact of market orientation on the nature and extent of consumer
privacy protection needs to be investigated (Dolnicar and Jordaan 2007).
From a more strategic perspective, perhaps the very definition of market
orientation needs to be re-examined so as to include privacy protection
as a critical component of being customer-oriented. The traditional
definition of market orientation includes the components of customer
orientation, competitor orientation, and interfunctional coordination
(Narver and Slater 1990). The domain of the customer orientation
component, however, is limited to basic marketing goals such as
understanding needs, creating value, and measuring satisfaction. A more
progressive redefinition of customer orientation, especially one that
includes the goals of creating safety and trust, which have been shown
to be directly affected by a firm's information practices and
privacy policies, may be in order. Additionally, firms that do go the
extra mile on privacy protection need to ensure that their efforts are
rightly reflected in measurable marketing outcomes, such as loyalty,
brand image, and overall brand equity. Longitudinal empirical work is
needed to assess the impact of privacy protection efforts, over multiple
years, on customer loyalty and brand equity. It is indeed critical to
assess the impact that a firm's consumer privacy protection efforts
have on customer acquisition, customer retention, and customer
profitability, since these are the primary goals of any market-oriented
effort.
Being strategic about consumer privacy could also include using
consumer privacy protection as a positioning platform, especially for
firms that deal with transfer of highly sensitive information such as
financial and medical services. For instance, should firms position
themselves on the basis of differentiation in privacy protection
vis-a-vis their competitors? Although it has been argued in the
literature that firms will find it hard to compete on privacy protection
since it falls into the category of negative information (Jones 1991),
as incidents of identity theft or other privacy violations increase,
consumers may actively seek out firms that provide greater privacy
protection. In fact, consumers are now willing to pay banks, credit card
companies, and credit agencies just to monitor their credit for
fraudulent transactions. Likewise, as customization and personalization
gain wider popularity (Pine, Victor, and Boyton 1993; Suprenant and
Solomon 1987), firms that are positioned as "safer" or
"trustworthy" on the privacy dimension will likely have a
competitive advantage (Bowie and Jamal 2006). Future research could
throw some light on the efficacy of such an approach.
Finally, more work is needed on effective communication of consumer
privacy policies and protection efforts by firms. Clearly, the
communication to consumers needs to go beyond a documented privacy
policy, which research has found that most consumers do not read. Firms
need to communicate the results of their privacy protection efforts,
such as successful compliance with regulations, more effective
personalization for consumers, reduced or lack of third party
solicitations, etc., in order to gain future customer support (Sarathy
and Robertson 2003). One way that firms are communicating their privacy
protection is through third-party privacy seals (Caudhill and Murphy
2000; Miyazaki and Krishnamurthy 2002; Rifon, LaRose, and Choi 2005).
Future research should address the optimal mix, vehicles, and frequency
of such communication.
Future Consumer Privacy Research: Contemporary Issues
In addition to extending the existing work on consumer privacy,
research also needs to examine current trends and behaviors in consumer
privacy. The growing problem of identity theft, the popularity of
Internet websites such as MySpace, Facebook, and You Tube, and the
events of 9/11 have all had an impact on not only on perceptions of
privacy, but also on the related notions of participation and
surveillance. This section explores some of the issues related to these
three concepts and suggests areas for new consumer privacy research.
Identity Theft--Identity theft, which is defined as "the
appropriation of someone else's identity to commit fraud or
theft" (Milne 2003, p.388), is one of the most important and widely
reported contemporary issues in consumer privacy. In 2002, the FTC
reported that victims of identity theft numbered more than 9.9 million
and accrued a total loss estimated at $5 billion (Stafford 2004).
Identity theft usually occurs when someone uses another person's
information (e.g., social security number, birthday, name, and address)
to secure rights and privileges s/he does not possess (e.g., an illegal
immigrant obtaining a drivers license) and/or to obtain credit in order
to purchase items (Milne 2003; Sovern 2004). This information is often
obtained through stealing a person's wallet/purse, stealing a
person's mail, pilfering through the trash, or engaging in online
surveillance (FTC 2001). Given its widespread nature and the ease by
which identity theft can be committed, the issue has received both
legislative and academic attention. In 1998, the U.S. Congress
criminalized identity theft by passing the Identity Theft and Assumption
Deterrence Act. Unfortunately, the act did little to stop the practice
of identity theft and it continued to grow (Sovern 2004). In December
2003, President Bush signed the Fair and Accurate Credit Transaction Act
(FACTA) into law, which was developed in part to thwart and fight this
increase in identity theft. Although some scholars have examined FACTA
and other identity theft related legislation (Linnhoff and Langenderfer
2004), more research is needed to study the effects of these acts on
identity theft and to determine what else needs to be done at the
governmental level to address this important privacy issue.
In addition, there is a small but growing body of academic
literature that has begun to address issues of identity theft. In a
study of consumer protection practices, Milne (2003) found that although
most people follow some types of identity theft preventive measures,
more consumer education is needed so that individuals can fully protect
themselves. Research is needed to determine the best way to educate
consumers about identity theft prevention and victim recovery practices.
Also driven by the importance of this problem, the Journal of Consumer
Affairs recently organized a refereed research colloquium on identity
theft. In the resulting papers, scholars have addressed means of curbing
identity theft from various angles including using loss allocation rules
of common law to force the credit industry to try to prevent identity
theft (Sovern 2004), encouraging better organizational preparation and
response to identity theft (Lacey and Cuganesan 2004), and developing
collective actions of government, businesses, and consumers to jointly
protect information from theft (Milne et al. 2004). Lastly, there is
work that links consumer demographics to the risk of experiencing
identity theft (Anderson 2006). In this study, it was found that women,
consumers with high incomes, and younger consumers are found to be at
higher risk for identity theft (Anderson 2006).
A number of issues, however, remain unresolved and should direct
future research in this area. For instance, the impact of identity theft
on the future consumer behavior of victims deserves to be better
understood. In addition, research should examine the behaviors of those
consumers who do not perceive themselves to be at risk. Research should
also examine the role of third parties (e.g., trade associations and
information brokers) in dealing with identity theft.
Consumer Online Behavior--In spite of the steady increase in
identity theft, the amount and type of information that individuals are
voluntarily posting on the Internet has also increased. Two recent PEW
Internet and American Life Project studies found that more than 53
million American adults have posted personal information to the Internet
(e.g., photographs, newsgroup postings, blogs) and more than half (55%)
of American youths ages 12-17 have created detailed profiles on an
online social networking site (e.g., MySpace and Facebook) (PEW 2004,
2007). While much of this information may be innocuous, once it has been
posted to a publicly accessible website on the Internet, it becomes a
matter of public record (McMenamin and Parmar 2007). Anyone from your
friends, to the local police, to would-be identity thieves can access
this information. And while many people, especially teens, say they do
not care about the surveillance of their data and that it has brought
them many positive benefits (Nussbaum 2007), it can also have negative
consequences. For example, a mother in Oregon and a couple in Maryland
were arrested based on information posted on their children's
MySpace pages (McMenamin and Parmar 2007). Research should be conducted
to determine the degree to which consumers are aware of the possible
negative consequences of posting their information on the Internet,
beyond the typical security threats, and their attitudes towards these
consequences. Researchers should also study perceptions of risk
associated with these behaviors and the trade-offs that consumers make
when voluntarily posting their information.
In a recent article in the New York magazine, Nussbaum (2007)
argues that most American teens accept that privacy no longer exists and
that we now live in a surveillance society, and instead of resisting
this lack of privacy in our lives, we should embrace it. This sentiment
has been echoed by business founders Larry Ellison of Oracle and Scott
McNealy of Sun Microsystems who have argued that privacy is largely an
illusion and that we just need to get over it (Black 2001; Sprenger
1999). The fact that their companies produce systems that track
peoples' information may have something to do with these opinions.
Even academics argue that privacy is an overblown concept and that we
are concerned about something that we have never had in the first place
(Glazer 1998). Whatever the underlying cause of these perspectives, they
all point at the inherent relationship between privacy, disclosure, and
surveillance. Researchers should examine if there has been a fundamental
shift in peoples' privacy expectations. For instance, have we as
Americans moved from resisting invasions of privacy to embracing
surveillance? More importantly, is this possible shift in attitudes a
product of marketing or other business practices? Do we now live in a
tabloid world in which we demand, and now accept, close surveillance of
all individuals? Does our "right to know" now supersede all
other rights? Not surprisingly, federal and state governments, as well
as many businesses, have resisted intervening in these activities on
legal grounds (McMenamin and Parmar 2007). Whatever the merit of these
legal claims, there are clearly political and economic benefits to
allowing and enticing individuals to provide detailed information about
themselves.
As we have seen in the previous discussion on the ethics of
consumer privacy, what benefits government and businesses does not
always benefit the consumer. If you believe the argument that the
fundamental difference between democracy and dictatorship is the degree
of privacy protection and surveillance that these two types of societies
entail (Westin 1967), then we may need to be concerned that consumers
are giving up more than their right to privacy by willingly revealing so
much of their personal information online. Although consumers argue that
this unrestrained personal disclosure and transparency equates to the
ultimate sense of freedom (Nussbaum 2007), others argue that this
unconstrained flow of information actually undermines self-development
and personal liberty (Rosen 2004; Solove 2007). As Zwick and Dholakia
(2004) argue, a person's digital identity becomes his or her
"real" identity, which the person then has little control
over. Research is needed to address this online information phenomenon
and its effects not only on privacy, but also on the underlying function
of democratic and capitalistic societies. Specifically, research should
determine what role marketing and business strategy plays in consumer
online information practices and their broader societal effects.
Consumer Profiling--The increased collection of information by
firms has led to a new a relatively new practice known as consumer
profiling. Whereas traditional segmentation uses information to divide a
heterogeneous market into smaller groups based on similar
characteristics, needs, or behaviors (Dickson and Ginter 1987; Green and
Krieger 1991), consumer (or customer) profiling uses information to
infer characteristics about consumers and predict their behaviors (Min
2006; Mussi 2006; Spangler, Hartzel, and Gal-Or 2006). Consumer
profiling often utilizes large amounts of disparate information such as
demographic data, product preferences, shopping behaviors, media habits,
and financial information to create dossiers on consumers which are then
stored in huge databases (Batislam, Denizel, and Filiztekin 2007; Qian,
Jiang, and Tsui 2006). This information can be gathered from various
sources, including the data trail that consumers leave behind when using
the Internet, choosing programming on their digital television sets
through TIVO, using their grocery or supermarket membership cards, or
simply using their credit cards. Market-oriented processes such as
customer relationship management (CRM) have institutionalized these
practices by utilizing advances in information technology to increase in
the collection and analysis of consumer information (Chan 2005).
While researchers have alluded to the privacy dangers of consumer
profiling (Gertz 2002; Olivero and Lunt 2004; Spangler, Hartzel, and
Gal-Or 2006; Wiedmann, Buxel, and Walsh 2002), it is a growing reality
that deserves more research attention. As the depth of data on
individual consumers continues to grow, firms will have to balance their
market-oriented strategies with their surveillance of consumers very
carefully. While research should examine individuals' perceptions
of and reactions to consumer profiling, this is an area where future
work on the organizational side is sorely needed. For example, what is
the best way for firms to manage customer relationships without being
(or appearing to be) too invasive of consumer privacy? Clearly
business-to-business relationships follow a different paradigm here than
consumer marketing, but this is an area that also needs to be explored.
The conventional wisdom is that business-to-business clients are glad to
share company specific information (e.g., firm demographics, market
strategies, credit histories) in return for more customized and
personalized services (Chan 2005). This leads to the questions, what
constitutes privacy in the organizational realm and how willing are
firms to divulge sensitive information to each other? This area needs
further exploration.
New Technology Surveillance--Technological advances in various
fields have led to the rise of a number of different surveillance-based
technologies being tested in the marketplace. For instance, radio
frequency identification (RFID) allows any and every product to be
uniquely identified through signals transmitted by a device embedded in
the product (Peslak 2005). While the technology has tremendous
implications for supply chain management, especially inventory control,
it raises a number of concerns about consumer privacy (Kumar, Pauly, and
Budin 2007). Because RFID tags can be read from a distance (Cochran,
Tatikonda, and Magid 2007), consumers wearing clothing with RFIG tags or
carrying RFID embedded credit cards can potentially have their location
tracked, any time of day or night. Future research needs to look beyond
just the ethics of RFID and examine the extent of consumer acceptance of
such technology and the effects that it could have on consumer behavior,
such as consumer backlash against marketers using RFID. For example, one
study has examined how RFID systems affect consumer trust (Lee et al.
2007).
Biometrics, or the identification of human beings through unique
physical and behavioral characteristics, is another such technology
(Jones et al. 2007). Although finger-prints are the most common form of
biometric measurement, other identifiers such as hand prints, facial
recognition, iris designs, and genetic profile can also be used to
identify individuals. While clearly biometrics can be useful in various
business sectors in thwarting fraud, it has ramifications for consumer
profiling, consumer anonymity, and identity theft. This is especially
the case considering that many biometric systems require other
identifiers (e.g., social security numbers) to authenticate a
person's identity (Bhargav-Spantzel et al. 2007). Research on
organizational and consumer response to biometrics is woefully
inadequate and the area of privacy and biometrics is ripe for future
work.
Other Contemporary Privacy Issues--Privacy rights clearinghouse
(www.privacyrights.org) has identified a host of other privacy-related
issues that may have only an indirect bearing on consumer privacy.
Nevertheless, these issues deserve a mention and merit further research
attention. Monitoring of employee activities at their workplace (e.g.,
Internet use, video surveillance, email use, and location tracking) is
becoming more ubiquitous and may have a bearing on employee's
psychological state and workplace performance (Brown 2000; Freedman and
Reed 2007). Research could examine if individuals' privacy
perceptions at work and their effects influence their privacy
expectations in the market. Medical records, although covered by the
Health Insurance Portability and Accountability Act (HIPPA), are
available to everyone from healthcare providers and insurance companies,
to labs and pharmacies. Importantly, patient consent is not required for
information sharing between these agencies (Brown 2007). Research could
examine if this lack of consumer privacy has any effect on
consumers' health care costs? Even more alarming is the issue of
financial privacy. The Gramm-Leach-Bliley law (2001) allows financial
companies such as banks, mortgage companies, and insurance companies to
share information such as loan repayments, investments, account balances
in the savings and checking accounts, amongst each other or even with
third parties. This often results in unsolicited direct marketing
promotions, irrespective of consumer needs and wants. With the increase
in identity theft, research should examine the degree to which these
activities (e.g., the constant supply of credit card offers in the mail)
contribute to security breaches and negative consequences. Finally,
since the events of September 11, 2001, the USA Patriot Act has
strengthened the ability of the state to wiretap telephone and Internet
communications. Civil liberties groups point to the possibility of the
government to abuse of the powers granted by this act and to further
eroding of citizens' rights, especially the right to privacy,
through its usage. Research should examine just how far consumers are
willing to go in giving up their rights under the guise of increased
security.
CONCLUSION
This article presents a summary of the general concept of privacy,
a review of the consumer privacy literature, and suggestions for future
research. Different aspects of privacy and consumer privacy are reviewed
and discussed, including the nature of privacy and privacy rights,
definitions of both privacy and consumer privacy, ethical dimensions of
consumer privacy, and self-regulation of consumer privacy protection by
firms. By integrating the extant work on consumer privacy, this article
highlights the gaps in the literature and presents future research
directions such as 1) defining and mapping out the domain of consumer
privacy, 2) understanding the ethical dimensions of consumer privacy
rights, and 3) determining the firm-level drivers of customer privacy
protection. Substantial progress has been made since the late 1980s in
our understanding of the concept of consumer privacy and many of the
issues surrounding this concept.
However, there remains an opportunity for more theoretically-driven
research in order to develop a working model that specifies and defines
the domain of consumer privacy and highlights the relationships between
the relevant individual-level and firm-level dimensions, as well as
their antecedents and consequences. In addition, contemporary issues in
consumer privacy such as identity theft, consumer online behavior, and
consumer profiling suggest new areas for research in order to expand our
understanding and refine our definitions. Through this review, we
summarize the current state of consumer privacy research and suggest
ways to extend this very important area of study. The following table
succinctly presents our recommendations for future research in consumer
privacy.
APPENDIX
Fair Information Practices and their Dimensions (FTC 1998)
1. Notice/Awareness--consumers should be given notice of a
firm's information practices. The following dimensions of notice
have been identified as necessary to ensuring that consumers are
properly informed:
a. Identifying the entity collecting the data
b. Identifying the nature of the data collected
c. Identifying the uses to which the data will be put
d. Identifying any potential recipients of the data
e. Identifying the means by which the data is collected (if not
obvious)
f. Identifying whether the provision of the requested data is
voluntary or required (and the consequences of refusal to provide the
requested information)
g. Identifying the steps taken by the data collector to ensure the
confidentiality, integrity, and quality of the data
2. Choice/Consent--consumers should be provided with options as to
how they would like their personal information to be used. The following
dimensions of choice have been identified as necessary to ensuring that
consumers can assert some control over the firm's information
practices:
a. Providing choice regimes (e.g., opt-in or opt-out)
b. Providing a means for consumers to tailor the kinds of
information they revealed
c. Providing a means for consumers to decide how their personal
information will be used
d. Providing a means for consumers to remove information that has
been collected
3. Access/Participation--consumers should be provided with a means
to access data about him or herself. The following dimensions have been
identified as necessary to providing consumers access:
a. Providing a simple, timely, and inexpensive way for consumers to
view their personal data
b. Providing a simple means for consumers to contest inaccurate or
incomplete data
c. Providing a mechanism by which the data collector can verify the
consumer's information
d. Providing a means by which corrections and/or consumer
objections can be added to the data file and sent to all recipients
4. Integrity/Security--firms must take steps to make sure that
consumers' data is accurate and secure
a. Integrity--the following dimensions have been identified as
necessary to data integrity:
i. Using only reputable sources of data
ii. Cross-referencing data against multiple sources
iii. Destroying untimely data or converting it to anonymous form
b. Security--the following dimensions have been identified as
necessary to data security:
i. Establishing internal organizational measures that limit access
to data
ii. Ensuring that those individual with access do not utilize data
for unauthorized purposes
iii. Using encryption in the transmission and storage of data
iv. Establishing limits on access to data
v. Storing data in a secure location (e.g., secure servers and
computers)
5. Enforcement/Redress--firms must have mechanisms in place to
enforce and punish any violations of the fair information practices. The
following dimensions have been identified as alternative ways to provide
for enforcement and redress:
a. Participating in industry self-regulation
b. Obtaining privacy certification by outside agencies
c. Agreeing to legislation that would create remedies for consumers
d. Developing regulations that would enforce privacy protection
through civil and criminal sanctions
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Clinton D. Lanier, Jr.
University of Nebraska-Lincoln
Amit Saini
University of Nebraska-Lincoln
Clinton D. Lanier, Jr. is a Ph.D. Candidate and Amit Saini is an
Assistant Professor at the University of Nebraska-Lincoln, Department of
Marketing, CBA 310, P.O. Box 880492, Lincoln, NE 68588-0492. Mr. Lanier
can be reached by phone (402) 472-2316, fax (402) 472-9777, or email:
cdlanier@unlserve.unl.edu. Dr. Saini can be reached by phone (402)
472-2344, fax (402) 472-9777, or email: asaini@unlnotes.unl.edu.
TABLE 1
Summary of Consumer Privacy Literature
Author(s)/Date Focus of Article Key Concepts/Issues
(Chronological
Order)
McCrohan Examination of the Types of consumer data:
(1989) effect of information registration,
technology on priva- administrative,
cy, specifically, the facilitation, and
government use of survey. Uses of
marketing research consumer data: program
data and computer design, program
matching. evaluation, and program
enforcement.
Goodwin (1991) Overview and defini- Consumer privacy is
tion of consumer pri- defined as the
vacy. consumer's ability to
control (a) presence of
other people in the
environment during a
market transaction or
consumption behavior
and (b) dissemination
of information related
to or provided during
such transactions or
behaviors to those who
were not present.
Jones (1991) Review of origins of Three ways to promote
privacy concerns, privacy protection
responses to these through: 1) competi-
concerns, and privacy tion, 2) industry
protection options. self-regulation, and
3) government
regulation of minimum
privacy standards.
Provides information on
the fair information
practices.
Nowak and Examination of how Study focuses on the
Phelps (1992) well informed con- use of individual-level
sumers are about information--infor-
marketing informa- mation that pertains or
tion gathering and use relates to a single
practices. identifiable person -
by direct marketers.
Study attempts to
understand why
consumers are concerned
about their privacy.
Foxman and Examination of the Two important
Kilcoyne (1993) ethical dimensions of dimensions of consumer
marketing informa- privacy are consumer
tion practices and control and knowledge.
consumer privacy. Two major ethical
conflicts between
marketing practice and
consumer privacy
include control of
information (i.e.,
information owner-ship)
and conflicting rights.
Milne and Gor- Examination of the Direct mail is an
don (1993) trade-offs consumers implied social contract
make when consider- in which consumers
ing the attributes of provide information to
direct mail social marketers in return for
contracts. offers that may be of
interest to them.
Direct mail social
contracts have four
attributes: volume,
targeting,
compensation,
and permission
Bloom, Milne, Examination of the Four areas of possible
and Adler (1994) misuse of new infor- IT misuse:
mation technologies 1) price-fixing through
(IT) in marketing. information exchanges,
2) monopolizing
essential facilities,
3) transmitting
inaccurate information,
and 4) violating
privacy rights
Culnan (1995) Study of consumer Study focuses on the
awareness of name use of secondary
removal procedures information--
from mailing lists. information that is
collected for one
purpose is reused for
another purpose--by
firms. Privacy issues
concerning secondary
information are
examined in terms of
the fair information
practices: notice,
choice, access,
security, and en-
forcement.
Taylor, Vassar, Study of the beliefs Issues addressed
and Vaught of marketing include: 1) differences
(1995) professionals of beliefs regarding
regarding consumer privacy between
privacy. marketers and
consumers,
2) differences between
different marketing
groups, and 3) beliefs
of marketers regarding
automatic number
identification (ANI).
Lally (1996) Study of the conflict- The article proposes
ing rights of accessi- that situationally
bility and privacy. conditioned belief
(SCB), or the role an
individual plays in the
decision making
process, explains the
conflict between
rights of privacy and
accessibility.
Campbell (1997) Comparison of direct Information privacy is
marketers and con- defined as the ability
sumer attitudes about of individuals to de-
information privacy. termine the nature and
extent of information
about them which is
being communicated to
others. Three
important aspects of
information privacy
include errors,
collection, and
unauthorized
access/ use.
Nowak and Development of a Analysis of Prosser's
Phelps (1997) framework for ad- four torts of privacy
dressing privacy con- (intrusion, disclosure,
cerns that arise when false light, and
direct marketers use appropriation) suggests
individual-level con- that most direct
sumer information. marketing collection
and use of consumer
information is not
illegal. Consumer
privacy concerns cor-
respond with
individual-level
information as well as
consumer knowledge
and control.
Thomas and Examination of why Sources of consumer
Maurer (1997) consumer information data: public,
in commercial mar- transactional, and
keting databases is long-term commercial
not likely to receive relationships. Four
privacy protection. primary uses of
consumer data:
commercial, decision
support, lifestyle, and
criminal/fraudulent.
Sheehan and Examination of online Seven possible online
Hoy (1999) users' responses to responses to privacy
privacy concerns concerns: 1) not regis-
tering with websites,
2) providing incomplete
information, 3) pro-
viding inaccurate
information, 4)
notifying Internet
providers, 5)
requesting name
removal, 6) sending
a "flame," and 7) not
reading unsolicited
email.
Culnan and Examination of the Procedural justice
Armstrong role of procedural refers to the
(1999) fairness in addressing perception by the
privacy concerns. individual that a
particular activity in
which they are a
participant is
conducted fairly.
Introna and Pou- Examination of the Development of a
loudi (1999) social dimensions of framework that explores
privacy on stakehold- the interrelationship
ers' interests and of privacy interests
values. and values of various
stakeholders. Analysis
based on three
principles: 1) access
principle, 2)
representation
principle, and 3) power
principle.
Milne and Boza Study of how improv- Study focuses on the
(1999) ing trust and reducing role of trust and
concern have distinct concern in database
effects on managing marketing. Antecedents
consumer informa- of trust and control
tion. include perceived
control, knowledge,
and attitude toward
relationship marketing.
Sheehan (1999) Examination of gend- Gender differences are
er differences in examined in terms of
attitudes and attitudes towards five
behaviors toward dimensions of privacy
marketing practices concern (i.e.,
involving information awareness of data
gathering and collection, information
online privacy. use, information
sensitivity,
familiarity with the
entity, and compensa-
tion) and behaviors
including reading un-
solicited e-mail,
notifying ISP,
requesting name
removal, sending a
flame, and providing
incomplete information.
Caudill and Examination of legal Consumer personal
Murphy (2000) and ethical issues of information consists of
consumer online pri- both public and private
vacy. information. Ethical
approaches to online
privacy include social
contract theory,
duty-based theory, and
virtue ethics.
Culnan (2000) Study of 361 com- Self-regulation is
mercial Web sites to based on legislation,
determine the extent enforcement, and
to which self- adjudication carried
regulation is working out by the private
to protect consumer sector rather than the
privacy online. government. Personal
information includes
information that both
can and cannot
identify the individu-
al. Privacy disclosures
include privacy policy
notices and infor-
mation practice
statements.
Milberg, Smith, Development of a Things that affect
and Burke multinational ap- privacy issues and
(2000) proach to understand- concerns across
ing information countries include
privacy. cultural values,
regulatory approaches,
corporate privacy
management styles,
privacy problems, and
regulatory preferences.
Milne (2000) Explanation of a pri- The privacy research
vacy research frame- framework consists of
work for academic four factors: 1) mar-
research on consumer keter influences,
privacy. 2) marketer information
strategy, 3) consumer
information behavior,
and 4) consumer
influences.
Milne and Rohm Survey of consumer Four factors related to
(2000) awareness and know- name removal include
ledge of name remov- 1) purchase context,
al mechanisms across 2) consumer background,
direct marketing 3) customer
channels. satisfaction, and 4)
situational variables.
Miyazaki and Content analysis of Online privacy concerns
Fernandez online retail privacy include customer
(2000) and security disclo- identification, unsoli-
sures of 381 commer- cited contacts, and
cial Web sites in 17 distribution of
product categories. customer information.
Online security
concerns include secure
transactions, financial
data security, and
alternative payment
options.
Petty (2000) Examination of how Consumer-borne
the collection of con- marketing costs (CBMCs)
sumer information include contact costs
imposes costs on con- and reliance costs, as
sumers. well as pecuniary
and non-pecuniary
costs.
Phelps, Nowak, Examination of the Study identifies five
and Ferrell types of personal in- types of information:
(2000) formation, the bene- demographic, life-
fits of providing this style, shopping
information, factors behavior, financial,
that affect and personal
information sharing, identifiers. Model for
and the tradeoffs understanding consumer
consumers make in privacy concerns
exchange for their includes type of
information. information, amount of
control, consequences/
benefits, consumer
characteristics,
beliefs about marketers'
information practices,
and consumer concern.
Sheehan and Survey of online con- Fair information
Hoy (2000) sumers' attitudes to- practices (FIPs) include
ward online privacy. notice, choice, access,
security, and redress.
Other dimensions that
are important include
how sensitive the
person considers the
information, how
familiar the person is
with the collecting
entity, and what coin-
pensation is offered in
exchange for the
information.
Phelps, Examination of the The two antecedents of
D' Souza,and interrelationships be- consumer privacy
Nowak (2001) tween antecedents and concerns examined are
consequences of con- information control and
sumer privacy con- consumers' attitudes
cerns. toward direct mar-
keters. The two
consequences of privacy
concerns examined in-
clude purchase decision
making and purchase
behavior.
Carroll (2002) Analysis of whether Study examines consumer
bankrupt Internet privacy in terms of
companies can sell Chapter 7 and Chapter
private consumer 11 bankruptcy
information to pay off protection law and the
debt. commercial interests
of creditors versus the
privacy interests of
consumers.
Charters (2002) Analysis of the ethics Electronic monitoring
of electronic monitor- is defined as the use
ing of consumers and of "cookies," or small
the implications of data structures placed
this practice for con- on a person's computer,
sumer privacy. to collect and store
information about
consumers. These
cookies allow marke-
ters to develop
profiles of consumers
and to monitor and
track their online
behavior.
Milne and Cul- Longitudinal analysis Analysis of the data
nan (2002) (1998-2001) of online from four U.S. web
privacy studies. surveys was used to
determine the degree to
which the online
posting of privacy pol-
icies and compliance
with the fair
information practices
(FIPs) has changed
over time.
Rust, Kannan, Development of an The economic model of
and Peng (2002) economic model to privacy is based on
project the erosion of six assumptions: 1)
consumer privacy. technology is
advancing, 2) the cost
of obtaining and
processing information
will decline, 3) con-
sumers have an ideal
level of privacy,
4) companies may offer
to sell privacy
protection, 5) each
unit of privacy sold is
a unit of information
not possessed by the
firm, and
6) information will
only be sold in with
its value exceeds
its cost.
Culnan and Bies Development of jus- A major issue is who
(2003) tice theory framework should control personal
to explain how con- information about the
sumer privacy con- consumer. Information
cerns are shaped by privacy is defined as
the perceived fairness the ability of
of a firm's informa- individuals to control
tion practices. the terms under which
their personal in-
formation is acquired
and used. Personal
information is defined
as information identi-
fiable to the
individual. A "second
exchange," in which
consumers make non-
monetary exchange of
their personal
information for some
value received, is at
the heart of the flow
of personal
information.
Dommeyer and Examination of con- Development of
Gross (2003) sumer knowledge of knowledge, awareness,
privacy-related laws, and protection scales.
and consumer aware- Measurement of effects
ness and use of priva- of gender, age, phone
cy protection number listing status,
strategies. and attitude towards
direct marketing
solicitation on aware-
ness and use of privacy
protection strategies.
Hoy and Phelps Content analysis of Church Web sites were
(2003) 102 nonprofit Chris- analyzed in terms of
tian church Web sites the FIPs: notice,
with a focus on priva- choice, access,
cy and security security, and dis-
issues. closure.
O'Connor Content analysis of Study examines the
(2003) the privacy policies compliance of
of the 30 largest international hotel
international privacy policies with
hotel brands. a broad set of global
privacy protection
principles: notice,
choice, onward
transfer, access,
security, integrity,
and enforcement.
Sarathy and Ro- Development of a The framework incorpo-
bertson (2003) framework to explain rates four main
the factors that factors: precursors
influence the (e.g., national culture
privacy protection and global trends),
provided by external factors (e.g.,
firms. legislation and type of
data), ethical framework
(e.g., egoism,
relativism,
utilitarianism), and
firm factors (e.g.,
age, experience,
profit/non-profit).
Milne and Cul- Examination of why Study examines the role
nan (2004) consumers read (or do of concern,
not read) online pri- comprehension, demo-
vacy notices. graphics, trust and
experience on the
reading of online
privacy notices.
Zwick and Dho- Explanation of con- Based on poststructura-
lakia (2004) sumer online identi- list theory, digital
ties and how representations, or
consumers can main- consumers as a set of
tain a sense of control data points, are argued
over their identities to constitute total
and privacy in the age consumer identity. The
of database market- digital consumer is no
ing. longer entirely
anonymous or private.
Pollach (2005) Examination of priva- The study explores the
cy policies from a interests of key
linguistic perspective stakeholders in online
to determine whether privacy, examines data
they adequately ena- handling techniques in
ble informed consent. terms of various
ethical theories, and
presents the findings
of a critical
linguistic analysis of
privacy policies.
Sheehan (2005) Content analysis of DTC drug online privacy
the privacy policies policies were analyzed
of direct-to-consumer in terms of the FIPs:
(DTC) branded drug notice, choice, access,
Web sites. The study and security. The
also examines the FDA encourages these
"readability" of these DTC Web sites to follow
privacy policies. the FIPs.
Ashworth and Application of theo- A model of online
Free (2006) ries of justice to un- marketing is presented
derstand consumer's that views the collec-
online privacy con- tion and dissemination
cerns. of consumer information
as a form of exchange.
Fairness in this infor-
mation exchange is
analyzed in terms of
distributive and proce-
dural justice.
Bowie and Jamal Examination of the Issues examined include
(2006) debate on self- the philosophical
regulation versus justifications for a
state-regulation of right to privacy, FIP
privacy rights. criteria for good
privacy policies,
comparison of
e-commerce privacy laws
between the EU and the
US, web seals
(such as TRUSTe), and
choice consent policies
(e.g., optin and
opt-out).
Eastlick, Lotz, Examination of con- A research model of
and Warrington sumers' privacy con- information privacy was
(2006) cerns and perceived e- used to examine the
tailer's reputation on hypotheses that
consumer trust, coin- consumers' privacy
mitment, and pur- concerns impact their
chase intention. online purchase
intentions directly and
indirectly through
trust and commitment
and that information
choice strategies
impact privacy
concerns and trust.
Milne, Culnan, Longitudinal assess- Readability was
and Green ment of the readabili- measured primarily with
(2006) ty of 312 online the Flesch-Kincaid
privacy notices. grade level and the
Flesch reading ease
formula.
Lwin, Wirtz, and Examination of con- The Power-Responsibi-
Williams (2007) sumer online privacy lity Equilibrium (PRE)
concerns and res- framework was used to
ponses. examine how consumers'
actions are influenced
by corporate policy
and governmental
regulations at the
macro level.
Author(s)/Date Key Proposals/Findings
(Chronological
Order)
McCrohan The use of all four types of data for gov-
'(1989) ernment program design and evaluation is
appropriate. Only the use of registration
data is appropriate for program enforce-
ment, since the use of the others would
severely impact individuals' willingness to
provide information.
Goodwin (1991) Taxonomy of privacy states: 1) total con-
trol, 2) environment control, 3) disclosure
control, 4) no control. Four sources of
privacy conflict: 1) privacy and expected
service levels, 2) privacy and other rights,
3) privacy and cost of privacy protection,
4) privacy and societal values.
Jones (1991) Privacy is not an issue on which firms are
likely to compete, since it falls into the
category of "negative" information about
the company. Self-regulation has led to
privacy codes that vary in scope and defi-
niteness. Certain minimum standards are
necessary to protect consumers' privacy.
Nowak and Four main results: 1) privacy is an impor-
Phelps (1992) tant concern among consumers, 2) many
consumers are not very knowledge-able
about direct marketing practices, 3) con-
sumer concern is affected by the type of
information and information use, and 4)
most consumers favor restrictions on the
gathering and use of personal information.
Consumer ignorance may be a significant
contributor to privacy concerns.
Foxman and Firms justify their control of consumer
Kilcoyne (1993) data on utilitarian grounds. This may just
be a form of egoism that denies the auton-
omy of the consumer. Consumers demand
conflicting rights: the right to privacy and
the right to being informed. These rights
also conflict with a firm's right to be left
alone. These rights have both deontologi-
cal and utilitarian justifications.
Milne and Gor- Consumers want improved targeting effi-
don (1993) ciency and lower mail volume, but they
are not willing to pay for these improve-
ments. Consumers perform a cost/benefit
analysis of the attributes of direct mail
when examining the privacy-efficiency
tradeoffs and are willing to provide some
private information in exchange for an
economic/social benefit.
Bloom, Milne, Legal and societal problems associated
and Adler (1994) with each technology should be assessed
before adopting them. Four case studies
are identified and discussed to address the
four problems of misuse, i.e., Airline Ta-
riff Recording System, Microsoft, TRW,
and Blockbuster Video.
Culnan (1995) Consumers who are unaware of name re-
moval procedures tend to be young, poor,
less educated, African-American, mail
shoppers, and less likely to be concerned
about privacy than consumers who are
aware of name removal procedures.
Taylor, Vassar, Marketers and consumers differed signifi-
and Vaught cantly in terms of the role government
(1995) should play in the regulation of privacy.
Direct marketers find it more unacceptable
to buy and sell consumers' information
without consent than members of AMA
and purchasing managers. Most marketers
believed that the use of ANI without con-
sent is unethical and an invasion of priva-
cy.
Lally (1996) Situationally conditioned beliefs (SCB)
cause a difference in beliefs about infor-
mation accessibility and privacy. A tech-
nique called information exchange is
proposed as a way of closing the SCB gap
in business and market transactions.
Campbell (1997) While both marketers and consumers are
concerned about the uses of consumer
information, they tend to focus on differ-
ent aspects of information privacy. Con-
sumers focus on potential abuses of their
information by marketers, whereas marke-
ters focus on the potential benefits to con-
sumers from better targeting.
Nowak and Increasing consumers' information know-
Phelps (1997) ledge and control reduces the significance
of privacy related issues. Direct marketers
should routinely inform consumers when
individual-specific information is col-
lected, how the information will be used,
and who will have access to the data. By
doing so, consumers' appropriation, dis-
closure, and false light concerns would be
diminished, while the accuracy of marke-
ters' database would be enhanced.
Thomas and Privacy protection requires legislation.
Maurer (1997) There is no competitive incentive for firms
to protect consumer privacy. This is due to
the fact that the interests of the parties to a
sale of database information are asymme-
trical. Likewise, database agencies are
unlikely to enhance consumer privacy
because such actions are costly and pro-
duce no increase in value.
Sheehan and Correlations were found between online
Hoy (1999) privacy concerns and hypothesized beha-
viors. As privacy concerns increase, res-
pondents were more likely to provide
incomplete information, complain to ISPs,
request to be removed from mailing lists,
and send a negative message ("flame") to
unsolicited online messengers.
Culnan and Procedural justice is an intermediary to
Armstrong building trust with customers. Customers
(1999) are willing to disclose personal informa-
tion when there are fair procedures in
place to protect privacy.
Introna and Pou- It is impossible for stakeholders to sepa-
loudi (1999) rate their interests and values when mak-
ing privacy judgments (i.e., access
principle). When claims of priva-
cy/transparency are considered, all stake-
holders must be present (i.e., represent-
ation principle). All stakeholders ought to
be able to have equal power when making
claims of privacy/transparency (i.e., power
principle).
Milne and Boza Building trust is more effective than trying
(1999) to reduce consumer concern. Consumers
who trust their organizations attribute it to
experience, reputation, contractual issues,
and regulation.
Sheehan (1999) Gender differences were found in attitudes
toward privacy. Women are more con-
cerned than men about the impact of in-
formation gathering on privacy. When
men do become concerned, they are more
likely to adopt protective behaviors than
women.
Caudill and What is considered public information is
Murphy (2000) growing and what is considered private
information is shrinking with the increase
use of the Internet. Ethically, power and
responsibility should be in equilibrium.
Whichever party has more power has the
responsibility to ensure trust and confi-
dence in the other party.
Culnan (2000) It was found that 92.8% of the Web sites
studied collected some form of personal
information. Almost 66% posted some
type of privacy disclosure. Of the Web
sites that collected personal information,
89.9% include one element of notice,
61.9% contained one element of choice,
40.3% contained one element of access,
45.8% contained one element of security.
Only 13.6% contained all five elements.
Milberg, Smith, A country's regulations concerning con-
and Burke sumer privacy are affected by its cultural
(2000) values. Self-regulation of privacy by firms
may not be a sustainable model over time.
Milne (2000) Privacy is a concern in four marketer-
consumer information interactions: 1) in-
formation requests and disclosure, 2) in-
formation provision, 3) information
capturing without consent, and 4) informa-
tion uses. Giving consumers more know-
ledge and control over information
exchanges provides greater privacy protec-
tion.
Milne and Rohm Preference for name removal varied by
(2000) direct channel type, consumer privacy
state, channel-specific purchase expe-
rience, and consumer demographics. The
study also found that despite self-
regulation, many consumers are neither
aware of data collection efforts nor know-
ledgeable or name removal mechanisms.
Miyazaki and Results indicate that only 23% of the sites
Fernandez offered some type of customer identifica-
(2000) tion policy, 33% offered an unsolicited
contact policy, and 29% offered an infor-
mation sharing policy. In terms of securi-
ty, 50% offered secure transactions, 6%
offered a security guarantee, and 48% of-
fered alternative ordering processes. An
additional consumer survey found a posi-
tive relationship between online priva-
cy/security statements and consumer
purchase behavior.
Petty (2000) Privacy includes the right to be free from
unwanted marketing solicitations because
of the costs that they impose. Privacy, as
well as economic efficiency, would be
enhanced by requiring marketers to inter-
nalize the consumer costs of collecting and
using consumer information.
Phelps, Nowak, On average, consumers are more willing
and Ferrell to provide firms demographic and lifestyle
(2000) information and less willing to provide
financial and personal identifiers. 45% of
respondents were very concerned about
the use of their information by firms and
the vast majority desire more control over
what firms do with their information. It
was also found that there is a positive rela-
tionship between information control and
purchase intentions.
Sheehan and The fair information practices address
Hoy (2000) many of online consumers' privacy con-
cerns. It was also found that privacy con-
cerns vary by the context, that established
relationships between the firm and the
customer lessen privacy concerns, and that
online customers try to balance the infor-
mation they give with what is being re-
ceived.
Phelps, Consumers' attitudes towards direct mar-
D' Souza,and keting are negatively related to privacy
Nowak (2001) concerns and the desire for information
control is positively related to privacy
concerns. In turn, privacy concerns are
negatively related to the purchase decision
process and purchase behavior.
Carroll (2002) There are no specific laws prohibiting
such sales. Advice for solvent Internet
companies: provide explicit details outlining
the sale of consumers? personal information,
adhere to the privacy policies, and
hire privacy officers.
Charters (2002) Although electronic monitoring always
constitutes an invasion of privacy, it can
be ethically justified using both Utilitarian
and Kantian ethical theories. Despite this,
it is recommended that the industry move
to a user control model in electronic moni-
toring.
Milne and Cul- The number of Web sites that posted pri-
nan (2002) vacypolicies increased from 1998 to
2001, though the posting of information
practices decreased in 2001. The number
of Web sites that provided the FIPs of
notice, choice, and security increased over
the four years. Although the data was in-
complete, the number of Web sites that
provided access appeared to decrease. It
was also found that the more popular Web
sites were more likely to post privacy dis-
closures based on the FIPs than the gener-
al population of web sites.
Rust, Kannan, As the cost of obtaining and processing
and Peng (2002) information decreases, the amount of pri-
vacy will decline over time and privacy
will be increasingly expensive to maintain.
Although a market for privacy will
emerge, enabling customers to purchase a
certain degree of privacy, the overall
amount of privacy and privacy-based cus-
tomer utility will continue to erode.
Culnan and Bies Creating willingness in consumers to dis-
(2003) close personal information requires an
exchange based on a fair social contract.
Fairness is evaluated by the consumer in
terms of distributive, procedural, and inte-
ractional justice. One way to provide a fair
social contract is to follow the fair infor-
mation practices (FIPs), which balance
consumer privacy concerns and firms'
ability to operate efficiently in the market-
place.
Dommeyer and Consumers were found to have very little
Gross (2003) knowledge of direct marketing practices
and regulations. While consumers were
fairly well informed on privacy protection
strategies, their use was quite low. Males
and younger people are more likely to be
aware of privacy protection strategies.
Young people, along with those who had a
negative attitude towards direct marketing
solicitations, were most likely to use pri-
vacy protection strategies.
Hoy and Phelps The vast majority (99%) of church Web
(2003) sites collected personal identifying infor-
mation (including that of children and
teenagers), but only 3% posted a privacy
policy. I was also found that only 36%
collected information over a secure server,
13% provided notice, and 2% provided
some form of choice. The results show
that nonprofit church Web sites provide
significantly less privacy protection than
do commercial Web sites. In addition,
these sites often post more personally
identifying information than commercial
Web sites.
O'Connor Analysis of the privacy policies of the 30
(2003) largest international hotels revealed that
only 25% fully complied with the global
privacy protection principles, 69% partial-
ly complied, and only 7% failed to comply
with any of the principles. Omissions were
found mostly in terms of choice, security,
and integrity.
Sarathy and Ro- Privacy strategy should be arrived at by
bertson (2003) considering a multiplicity of factors.
While the firm's ethical framework is im-
portant, environmental context and firm
factors should also be considered. Like-
wise, the firm should listen to and incorpo-
rate concerns of their customers, the
government, and society. The final privacy
protection strategy should be both ethical
and pragmatic, and tailored to the firm's
specific context and situation.
Milne and Cul- Reading online privacy notices is related
nan (2004) to privacy concern, positive perceptions
about notice comprehension, and higher
levels of trust in the notice. Reading priva-
cy notices is one way that consumers
manage the risk of disclosing personal
information online.
Zwick and Dho- Current consumer strategies (i.e., identi-
lakia (2004) fiability, anonymity/pseudonymity, confi-
dentiality, and secrecy) of exerting control
over their identities and privacy in the
electronic marketplace are ineffective.
These strategies are based that the con-
sumer self is ontologically distinct from its
digital representation. In the electronic
age, the consumer does not exist outside
the language governing the electronic
marketspace. Consumers can only regain
control over their identities if they are giv-
en direct access to companies' customer
databases.
Pollach (2005) Corporate privacy policies obfuscate, en-
hance unethical data handling practices,
and use persuasive appeals to influence
consumers' trust in the company. Privacy
policies need to be written in a more
transparent and responsible manner.
Sheehan (2005) The vast majority (94%) of DTC drug
sites posted a link to a privacy poli-
cy/statement. Although most of the sites
provided notice, they had poor compliance
with the other three. The average readabil-
ity score of the privacy policies was far
above the suggested eight-grade level.
Despite this, many of the visitors tried to
read the privacy policies before providing
information to DTC drug Web sites.
Ashworth and Theories of procedural and distributive
Free (2006) justice suggest that consumers respond to
perceived privacy violations as being simi-
lar to an unfair exchange. In terms of dis-
tributive justice, consumers are likely to
evaluate the fairness of an information
exchange in terms of the distribution of
outcomes. In terms of procedural justice,
consumers are likely to judge the manner
in which they are treated in determining
how much information to provide in the
exchange.
Bowie and Jamal The use of web seals by firms has been
(2006) effective in signaling privacy protection to
online consumers. In order for privacy
seals to be most effective, they should
follow certain minimum standards for pri-
vacy protection. Formal state mandated
privacy regulation is not recommended.
Eastlick, Lotz, Results showed that privacy concerns in-
and Warrington fluenced purchase intent with strong nega-
(2006) tive effects, both directly and indirectly
through trust. No effect of choice strate-
gies on privacy concerns were found, nor
was it found that choice strategies mod-
erated the effect of reputation on privacy
concerns or trust.
Milne, Culnan, Results indicate that the readability level
and Green of privacy policies had increased between
(2006) 2001 and 2003. The average length of the
notices increased by more than 500 words
between 2001 and 2003. In 2003, it was
found that the longer notices were also
less readable. The findings also showed
that privacy notices with privacy seals are
more readable than those without privacy
seals, and that the average reading level of
privacy policies increased over time across
industry sectors.
Lwin, Wirtz, and Results from two experiments indicate that
Williams (2007) 1) the weaker the perceived company pri-
vacy policy, the higher the degree of pri-
vacy concern and use of protective
strategies, 2) the weaker the perceived
government online privacy regulation, the
higher the degree of privacy concern and
use of protective strategies, 3) a strong
company privacy policy is effective in
reducing consumer privacy concern when
low sensitivity data is collected, but insuf-
ficient when high sensitivity data is col-
lected, and 4) consumer privacy concern
increased dramatically when the collection
of sensitive data was inconsistent with the
business context.
TABLE 2
Future Consumer Privacy Research Recommendations
Theoretical Issues Key Tasks
1. Operationalizing * Define the domain of consumer privacy.
Consumer Privacy
* Operationalize (a) Knowledge and
(b) Control--the two key components of
consumer privacy.
* Identify and operationalize the
elements of the FIPs.
* Identify relevant components outside
the FIPs.
* Develop constructs to capture both
objective and perceptual constructs of
consumer privacy.
* Identify the inter-relationships
between different dimensions of consumer
privacy.
2. Competing Consumer * Identify and measure the trade-offs
Rights consumers are willing to make between
different rights.
* Identify the personal, corporate, and
environmental factors that impact the
trade-offs consumers make.
* Define information ownership.
* Identify the factors that intensify or
mitigate claims of information ownership.
3. Ethical Dimensions of * Test the relationships between firms'
Consumer Privacy ethical practices concerning consumer
privacy and the consumer perception
of these practices.
* Empirically examine which ethical
frameworks (e.g., teleology, deontology,
justice theory, social contract theory)
are best applicable to explaining
consumer privacy.
4. Strategy of Consumer * Examine how firms can embrace privacy
Privacy protection as a strategic choice.
* Examine the process of institutiona-
lizing consumer privacy protection in a
company.
* Develop metrics for measuring the
effectiveness of privacy officers.
* Longitudinal assessment of the impact of
privacy protection on customer retention
and loyalty.
* Test the viability of using privacy
protection as a positioning platform.
* Test and compare different modes of
communicating privacy policies.
Contemporary Practice Key Tasks
Issues
1. Identity Theft * Examine the impact of identity theft on
the future consumer behavior of victims.
* Examine the behaviors of consumers who
perceive themselves to be at low-risk of
identity theft.
* Examine the role of third parties (e.g.,
trade associations and information
brokers) in dealing with identity theft.
2. Online Behavior * Examine if there has been a fundamental
shift in consumers' privacy expectations,
especially as a function of the Internet.
* Examine the broader societal effects of
consumer online information practices.
3. Consumer Profiling * Examine the optimal ways for firms to
manage customer relationships without
being too invasive.
* Examine the differences in sensitivity
to privacy issues between business-to-
business and business-to-consumer
segments.
4. New Technology * Examine the (possible) effects of RFID
Surveillance on consumer behavior.
* Examine the extent of acceptance of
biometric systems in marketing.
5. Other Privacy Issues * Examine if individuals' workplace
privacy perceptions influence their
privacy expectations in the
consumer market.