I’ve fashioned myself a Privacy and Trust Engineer/Consultant for over a year now and I’ve focused on the Trust side of Privacy for a few years, with my consultancy really focused on brand trust development rather than privacy compliance. Illana Westerman‘s talk about Trust back at the 2011 Navigate conference is what really opened my eyes to the concept. Clearly trust in relationships requires more than just privacy. It is a necessary condition but not necessarily sufficient. Privacy is a building block to a trusted relationship, be it inter-personal, commercial or between government and citizen.
More recently, Woody Hartzog and Neil Richard’s “Taking Trust Seriously in Privacy Law” has fortified my resolve to pushing trust as a core reason to respect individual privacy. To that end, I though about refactoring the 7 Foundational Principles of Privacy by Design in terms of trust, which I present here.
- Proactive not reactive; Preventative not remedial → Build trust, not rebuild
Many companies take a reactive approach to privacy, preferring to bury their head in the sand until an “incident” occurs and then trying to mitigate the effects of that incident. Being proactive and preventative means you actually make an effort before anything occurs. Relationships are built on trust. If that trust is violated, it is much harder (and more expensive) to regain. As the adage goes “once bitten, twice shy.”
- Privacy as the default setting → Provide opportunities for trust
Users shouldn’t have to work to protect their privacy. Building a trusted relationship occurs one step at a time. When the other party has to work to ensure you don’t cross the line and breach their trust that doesn’t build the relationship but rather stalls it from growing.
- Privacy embedded into the design → Strengthen trust relationship through design
Being proactive (#1) means addressing privacy issues up front. Embedding privacy considerations into product/service design is imperative to being proactive. The way an individual interfaces with your company will affect the trust they place in the company. The design should engender trust.
- Full functionality – positive sum, not zero sum → Beneficial exchanges
Privacy, in the past, has been described as a feature killer preventing the ability to fully realize technology’s potential. Full functionality suggest this is not the case and you can achieve your aims while respecting individual privacy. Viewed through the lens of trust, commercial relationships should constitute beneficial exchanges, with each party benefiting from the engagement. What often happens is that because of asymmetric information (the company knows more than the individual) and various cognitive biases (such as hyperbolic discounting), individuals do not realize what they are conceding in the exchange. Beneficial exchanges mean that, despite one party’s knowledge or beliefs, they exchange should still be beneficial for all involved.
- End to end security – full life-cycle protection → Stewardship
This principle was informed by the notion that sometimes organizations were protecting one area (such as collection of information over SSL/TLS) but were deficient in protecting information in others (such as storage or proper disposal). Stewardship is the idea that you’ve been entrusted, by virtue of the relationship, with data and you should, as a matter of ethical responsibility, protect that data at all times.
- Visibility and transparency – keep it open → Honesty and candor
Consent is a bedrock principle of privacy and in order for consent to have meaning, it must be informed; the individual must be aware of what they are consenting to. Visibility and transparency about information practices are key to informed consent. Building a trusted relationship is about being honest and candid. Without these qualities, fear, suspicion and doubt are more prevalent than trust.
- Respect for user privacy – keep it user-centric → Partner not exploiter
Ultimately, if an organization doesn’t respect the individual, trying to achieve privacy by design is fraught with problems. The individual must be at the forefront. In a relationship built on trust, the parties must feel they are partners, both benefiting from the relationship. If one party is exploitative, because of deceit or because the relationship is achieved through force, then trust is not achievable.
I welcome comments and constructive criticisms of my analysis. I’ll be putting on another Privacy by Design workshop in Seattle in May and, of course, am available for consulting engagement to help companies build trusted relationships with consumers.