The need to pay attention to privacy issues is more relevant than ever,
according to Darity Wesley, CEO and legal counsel of Privacy Solutions
of San Diego. “Consumers are now expecting privacy polices and it’s
important to put those policies in place before the public relations
disaster, before the data gets lost and before the consumer
gets concerned and comes to you.”
Privacy Solutions specializes in privacy and information security, focusing
mostly on the public record and real estate industries. The company offers
a variety of tailored services to real estate agencies, including creating,
reviewing or evaluating privacy policies and information security vulnerabilities.
Wesley tells of an agent who spoke to her at the San Diego Association
of REALTORS® Expo last year. The agent mentioned that he kept client
files in the trunk of his car and wondered if he would be responsible
for the loss of the dafa information if the car were stolen. “Of
course the answer is ‘yes,’” said Wesley. “What
I’m impressing on all real estate professionals now is that carrying
around your clients’ files in the trunk of your car or your back
seat is not a good business practice any more. because identity thieves
are out there looking for cars that have briefcases and computers to steal
because that have that information is at least as valuable if not more,
than the vehicle itself information.”
Identity theft is one of
several issues fueling the privacy and information security debate
and one of several situations you have to protect yourself, your
business and your clients from.
Think about how much consumer information you have on computers
and in hard copy files – information worth protecting. Yet
many involved in real estate aren’t explicit with their protection
policies and may even freely trade consumer information without
giving much thought to privacy issues.
“Consumers are concerned about how agents obtain data and
what you intend to do with it,” said Wesley. “REALTORS®
need to think about privacy and information security now more than
ever.
Steps to Establishing a Privacy Policy
Think you can just copy another agency’s privacy policy? Think
again. “Companies that copy other companies’ privacy
policies tread on dicey territory because the Federal Trade Commission
considers privacy policies to be implied contracts at law and using
someone else’s policy could mean they might could implement
a policy they don’t understand, then inadvertently breach
violate their own policy which puts them in violation of the law,”
said Wesley.
Privacy Solutions suggests real estate professionals agents take
a series of steps to minimize the risk of liability in the sometimes
volatile and regulatory and legal environment. Privacy Solutions
can work with you to evaluate current policies and procedures, conduct
privacy audits and establish more sound privacy solutions.
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To analyze present privacy and data security status and protect yourself
from potential liability, Wesley encourages real estate professionals
agents to:
· conduct a privacy evaluation of Web sites;
· post an on-line privacy policy;
· establish an off-line privacy policy;
· conduct a privacy evaluation of how customer and employee information
is handled at the office;
· analyze internal policies and procedures from both privacy and
employment law perspectives; and
· complete a thorough information security audit.
“REALTORS® and brokers need to be proactive versus reactive
and incorporate preventative measures to protect themselves from the potential
liability that comes from not having a privacy policy, particularly in
California,” said Wesley.
Thorough Protection For You
Wesley suggests a step-by-step approach to establishing a sound privacy
solution. It begins with a risk assessment and evaluation of the agency’s
privacy polices to determine if a privacy audit, stronger strategies or
privacy implementation plan is necessary. If so, Privacy Solutions will
conduct a thorough analysis in conjunction with brokers, agents and their
staff members and create a privacy implementation plan customized to the
agency’s business model.
Components of such a privacy implementation plan may include:
· Training Modules. These modules train existing
and new employees on general privacy issues; direct personnel in handing
privacy inquiries and incident response management; and providing direction
to human resource professionals about employee privacy issues.
· Seminar Modules. Seminar modules include workshops
for executives, business staff, IT staff, sales staff and customer service
professionals.
· Solutions Modules. This is segment develops
and implements principles, policies, standards and procedures.
· Legal Compliance Modules. This includes a legal
compliance audit and ongoing monitoring and notification of laws passed
by federal and state legislatures.
· In-House Privacy Modules. Training privacy staff,
creating scripts, letters and other communication materials and establishing
a tracking database for statistical analysis of information are parts
of this module.
· Legislative Watch and Lobbying Modules. Privacy
Solutions will conduct specific legislative watches for clients, and help
build coalitions and lobby for representation at all levels of government.
In addition, Privacy Solutions will audit a business’ new product
offerings against company privacy principles and standards prior to release.
Privacy Solutions recently worked with the Houston Association of REALTORS®
on establishing stronger privacy techniques. “The Association is
on the leading edge of developing products and using the Internet as a
tool to help consumers find properties in Houston,” said Wesley.
“We put together a privacy policy to help create for them the kind
of protection of client information that’s important for associations
and brokerages.”
“It’s about protecting yourself,” said Wesley. “If
you don’t do it now you’re going to have to do it later. And
if you have to do it later, it’s going to cost you a lot of money.”
The Future of Protecting Privacy
Besides conducting website evaluations, writing privacy policies and doing
data software and technology licensing, Wesley and Privacy Solutions look
to remain on the forefront of privacy issues, including legislative affairs.
“Because privacy laws are being enacted or are taking effect in
50 different states as well as at the federal level, it’s very confusing
for anyone in the industry to know exactly what they’re supposed
to do,” said Wesley. “Some of the laws have unintended consequences
that are impacting our industry in a negative way, in my opinion.”
Privacy Solutions is involving itself in the legislative process and helping
its clients have a voice in impacting public policy.
Privacy Solutions is also creating CDs, books and web site resources
to answer questions about privacy related to Internet marketing, web sites,
information collection and intellectual property, as well as identify
security vulnerabilities and answer questions about creating your own
privacy policy.
Finally, the company has its finger on the
pulse of privacy around the world. “As we globalize our real
estate model, we need to incorporate the privacy laws that are already
out there because the laws outside of the U.S. – the European
Union, Canada, Spain, the U.K., among others in Japan, Europe and
Canada particularly-- are much more stringent than the ones within
it,.” said Wesley. “We need to stay aware and alert.’
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Darity Wesley is C.E.O. and legal counsel for
Privacy Solutions Inc (www.privacygurus.com),
a San Diego based consulting firm. Her team of "privacy gurus"
are helping the Real Estate industry change the way it thinks about
privacy and information security of clients' and prospects' information.
She may be reached at (619) 670-9462 or at Darity@privacygurus.com. |
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