Center for the Study of Ethics in the Professions at IIT

Preface

In the next few years, millions of Americans will be using videotex systems to obtain information, send messages, and do shopping and banking from home. The companies that run videotex systems and those that provide services through videotex operators will have to keep records on many of these uses. The Videotex Industry Association has adopted guidelines to suggest how those records should be collected and used.

These guidelines are not binding, and some companies may alter some of the specifics. However, the guidelines do represent a commitment by the videotex industry to a basic principle -that subscribers should be told what information about them is being collected and how it will be used.

There have been no privacy abuses in the videotex industry. This voluntary effort by the industry should help keep that record pure and should help inspire consumer confidence in this new technology.

Introduction

As with many consumer services, two-way electronic information systems create records on subscriber usage. Information must be recorded to process subscribers' requests, maintain technical operations, prevent improper use, manage billings, conduct market research, and improve the service. These guidelines explain how these records will be collected and used and how subscriber privacy will be protected.

Coverage

These guidelines apply to all subscriber records, whether stored on paper or in electronic form, that are collected through use of a videotex system and are in the system operators control.

Notice

On the initiative of the system operator, each subscriber will be provided with a written or electronic copy of these guidelines.

Bulk Information

"Bulk information" means aggregate records that do not identify individual subscribers. For example, information about types of subscribers, such as those in a geographic area or demographic category is bulk information. The system operator may use bulk information for its own purposes and may disclose such information to others.

Individual Information

"Individual information" means records that identify individual subscribers. The system operator may collect and use individual information for the following reasons:

(1) to provide service in response to a subscribers request;
(2) to maintain technical operations;
(3) to prevent illegal or unauthorized use of the videotex system;
(4) to manage and operate billing and accounting systems, and
(5) to conduct market research in order to compile bulk information. Individual information will not be used or disclosed for any other purpose without obtaining written or electronic consent from the subscriber and giving him or her the opportunity to refuse, except for disclosure in response to compulsory process as set forth in the section on Government Access.

Any consent sought under this section will specify the types of information covered and the purpose of the use or disclosure. The system operator will not exclude any subscriber from any videotex service for declining to provide such consent. A subscriber may revoke consent by written or electronic notice to the system operator

Government Access

The system operator will not disclose individual information to government agencies except in response to compulsory process (e.g., subpoena or court order) or with the subscribers consent. Unless a court orders otherwise, the system operator will promptly notify the subscriber if a court or government agency seeks access to individual information in conjunction with an investigation of the individual. Unless a court orders otherwise, the system operator will withhold disclosure of subscriber records demanded under compulsory process for a reasonable period after notice is sent to the subscriber, to give the subscriber time to contest such disclosure. In addition, the system operator may, in its discretion, contest any demands for disclosure that it feels would jeopardize confidence in the privacy of the system and may cooperate with the subscriber in opposing such disclosure.

Security

The system operator will make all reasonable efforts to safeguard individual information against unauthorized access.

Subscriber Access

Subscribers may obtain copies of any individual information developed by the system operator pertaining to them, upon reasonable notice and during regular business hours. Copying and other reasonable costs shall be borne by the subscriber

Correction of Errors

The system operator will promptly correct any errors or omissions in its records that are brought to its attention by subscribers. The system operator may request appropriate documentation to verify any such errors or omissions.

Application to Third Parties

Banks, retailers and other organizations use videotex systems to provide services to subscribers, and they maintain their own records of such transactions. The system operator will give these service providers a copy of these guidelines and encourage them to adhere to the guidelines.

Future Revisions

The system operator may alter these guidelines to conform to federal and state laws, to reflect changes in technology, or to improve its service. Each subscriber will be notified of any such change.

Retention of Information

Individual information will be retained only as long as it is needed for the purposes for which it was collected.