Wednesday, April 21, 2010

How to request a California 'Shine The Light' report

I sent the following letter by e-mail moments ago.

April 21, 2010

Kim Jaske
Online Privacy Coordinator
Gannett Law Department
7950 Jones Branch Drive
McLean, VA 22107
Via e-mail (hard copy to follow)

Ms. Jaske:

I am a California resident.

Pursuant to California Civil Code Section 1798.83, also known as the "Shine The Light" law, I'm requesting a current report of the personal information (if any) that Gannett disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which Gannett shared information in the immediately preceding calendar year.

Yours,

Jim Hopkins
Publisher and Editor
Gannett Blog
584 Castro St., No. 823
San Francisco, CA 94114-2594

14 comments:

  1. USA Today's online privacy policy changed on March 1, 2010. My spot check of other Gannett sites shows their policies were last updated March 4, 2009. How did USAT's policy change, and why is it (apparently) different from other company sites?

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  2. Sigh.

    Dude, you need to channel all this energy to something constructive.

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  3. It changed when they launched Moms Like Me and the other sites, which rely on snooping on readers to collect information that corporations want. Good luck with your request for info, which I find very clever.

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  4. This is like a Freedom of Information Act request. They often yield surprising results.

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  5. Yes, Jim, but unlike an FOIA, this sunshine act works with private corporations? If so, Wow. I could do a lot of damage if I had that sort of law to work with.

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  6. I based my request on language found in USA Today's privacy policy; you'll find similar language at other Gannett sites. It says, in part:

    "California Civil Code Section 1798.83, also known as the 'Shine The Light' law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year."

    The law effectively applies to any company with a website that collects personal information from California residents. In effect, that's virtually every company on the planet, since the Internet doesn't stop at California's borders.

    An enterprising reporter who is a California resident could request these reports from Facebook, eBay, Google, Microsoft, plus Ford Motor, Cartier, Walmart, Procter & Gamble -- well, you get the idea.

    I suspect the results could be very interesting, given the growing concerns about consumer privacy.

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  7. Wonder if Ripple6 falls under "direct marketing." I guess we'll find out.

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  8. 7:43 pm: The law is written so broadly, it appears to cover virtually any business involved in e-commerce. Here's what it says:

    "'Direct marketing purposes' means the use of personal information to solicit or induce a purchase, rental, lease, or exchange of products, goods, property, or services directly to individuals by means of the mail, telephone, or electronic mail for their personal, family, or household purposes."

    In answer to your question, I guess it depends on whether Ripple6 is soliciting the consumer "directly" -- rather than, say, providing the personal information to Procter & Gamble, then leaving it to P&G to do the soliciting.

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  9. Good job, Jim! Keep on keeping on.

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  10. So, MomsLikeMe is basically a front for AdvertisersWhoWantToKnowIfThey ShouldTargetYou?

    (DotCom?)

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  11. I seem to remember seeing links to Moms at the bottom of the USA Today Web page. It's not there today.

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  12. Is Kim Jaske any relation to John Jaske, former head of Labor Relations at Gannett?

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  13. I believe she is his daughter. Jaske himself retired in January 2006.

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  14. Is Kim Jaske any relation to John Jaske, former head of Labor Relations at Gannett?

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Jim says: "Proceed with caution; this is a free-for-all comment zone. I try to correct or clarify incorrect information. But I can't catch everything. Please keep your posts focused on Gannett and media-related subjects. Note that I occasionally review comments in advance, to reject inappropriate ones. And I ignore hostile posters, and recommend you do, too."

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