Note: This feature focuses on real estate listings but the principles can be applied to any kind of information that you possess.

Getting the message out about what is going on somewhere other than where you are has evolved over the centuries. In ancient times, we used smoke signals to spread the word. We drew pictographs on cave walls. Next was the herald proclaiming the news. Then the pony express rode through with the mail. In the Industrial Age it was who you knew and what you knew – and even writing on bathroom walls (oh no!). In the Pre-Modern models of the 1950s, 60s and 70s, working with information and particularly real estate listings included putting up signs in the yard, driving around neighborhoods, putting signs on the street and association index cards. The model of today for real estate listings is the primacy of the Internet and for other information as well.

We are experiencing what I call a ‘data exposure explosion’. If you are a real estate professional, you have probably noticed, everyone wants your listings. Why? Millions of people search for new homes daily on the Internet. If your listing meets the buyers’ criteria they will click through to get to the website. Lots of non-Realtor® technology companies would love to have their website be the one that the buyer lands on to support their business models (not yours) with your listing. For others who are not real estate professionals, it is almost the same thing in that people want into your database – who do you know, what do you have, is it of value to me???

Of course, real estate professionals want potential buyers to see their listings, but what most real estate professionals do not know is that you have an extremely valuable commodity -- that intangible piece of information “that a home is for sale” (just think how much moving companies want the data). That is a very valuable piece of information. Look how many folks want your listings these days... You may not know it yet, but real estate listings are something you want to protect – not “hide” or “keep private,” but protect.

The definition of a real estate listing has changed in the last couple of years. In May of 2006 the National Association of Realtors® changed the concept of listing “data” to listing “content” to encompass one of the many changes to the real estate world because our listings now include virtual tours, audio, graphics, photos, images, and video. This policy went into effect January 1, 2007.

The first thing anyone who has information that others desire to access and use is to protect whatever you create with a copyright notice. A copyright is provided automatically to the author of any original work as soon as it is created. (For more on this topic see Copyright/IP Protection: What it is and Why You Need It) The correct way to post a copyright is: © Current year Company Name. All Rights Reserved. For example: “© 2007 Privacy Solutions, Inc. All Rights Reserved”. A copyright protects the listing content, not the “facts” but the non-factual content.

Next, as real estate professionals you want to get your listings exposed, but you want to do it in the best kind of way. Here are three of my handy dandy “Expose Your Listings” Explosion legal protection tips:

• Always check out who wants your listings and for exactly what purpose before handing them over

• Do they have a license agreement or is it an online Terms of Use Statement (i.e. click through- I Agree)? Make sure you read it!

• If they do have an agreement, negotiate that they will not provide your listings to third parties without your prior approval!

Here are four of my handy dandy “Protect your Data” legal protection tips:

• Encrypt sensitive data in your office

• Restrict or know who has access to sensitive consumer and employee data

• Install intrusion detection systems (IDS)

• Implement formal incident response reporting systems – have a team ready

There is much more involved in proper protection like:

• Making sure you delete outdated information

• Not posting others' listings

• If listing terms or details change, make sure you know who has your information and update it

• Monitoring the performance of the web advertiser – is it driving traffic?? Is it worthwhile?

• Paying attention to notices from your web vendors – they may be changing your legal rights

As always, stay aware and alert in protecting one of your biggest assets, your information.

Be sure to contact your Privacy Gurus® with any questions about this topic and any other privacy and information security topic.

Darity Wesley is CEO and Legal Counsel for Privacy Solutions, Inc. a San Diego based consulting firm. Her team of Privacy Gurus® work with you to create policies and procedures to establish the expectation of privacy for your members, clients, customers, prospects, affiliates, associates, employees and vendors. You can reach her at (619)670-9462 or Darity@privacygurus.com