The Privacy Lawyer: Here's To Happy, Safe Holidays

How do you find out if your family's personal information is on the Web when it shouldn't be? <B>Parry Aftab</B> offers a how-to for seeing what personal information

InformationWeek Staff, Contributor

December 17, 2003

5 Min Read
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Repeat the search, with your name in quotes, for images as well. This shows all images which are associated with your name online. The search selections of "news" and "directories" may not apply to people who are not public figures at some level. But it never hurts to search and see if you're mentioned.

If you find that your personal contact information appears when you don't want it to appear, you can ask Google to disable the information. You also would need to reach out to the site or online service and ask for it to be removed from wherever it's posted.

It sounds a lot easier than it really is, though. Some sites don't care about what's posted there, even if their terms of service prohibit certain personal information from being posted or used to harass someone. But finding a terms-of-service violation (TOS violation) is a good place to start. To check out whether the posting is a TOS violation, review the terms of service for the site or service. Does it prohibit the posting of any personal information of others without their permission? Does it prohibit posting of any personal information or inaccurate information? What about prohibiting posting of information intended to harass or embarrass someone or that might affect their safety or well-being? Sometimes the terms of service has a catch-all prohibition that can be used to remove anything the hosting company deems inappropriate. If you approach it from a safety and privacy perspective, this may be sufficient to convince them to remove the information. If all else fails, every terms of service has a prohibition against criminal or illegal activities. Depending on what information is being posted, you may be able to rely on that provision and a broad claim of privacy-law violations to get some help.

Often it's difficult finding the right person to contact. You can start with the Webmaster, and can usually find them at webmaster@[the Web site name/URL]. For example, contacting our Webmaster by E-mail would be [email protected]. There also may be a privacy contact at the site, or a Digital Millennium Copyright Act contact (that's a law that covers copyright violations and usually has someone watching those E-mails carefully). Your E-mail should include the URL of the page that includes your personal information. (The easiest way to do this without typos is to block and copy the URL from your browser itself into the E-mail.) It also should include the exact information you want removed, and a statement that you are that person. Copy and paste the information from the site directly into the E-mail. And address the E-mail to yourself as well, so you have a record of what you sent, when you sent it and to whom.

If you don't hear back within a week, send a follow-up and include all of the information you had previously sent, as well as the date the earlier E-mail had been sent. If you still haven't heard back within another week, E-mail [email protected].

If your children's information is posted online, and they are under the age of 13, notify the Web site or online service that your children are under 13 and that COPPA (the Children's Online Privacy Protection Act) requires that they remove the information immediately. If they don't respond right away, contact [email protected] or the Federal Trade Commission directly, at www.ftc.gov. While there's no law requiring a Web site to generally remove your personal information (absent a privacy policy at the site that promises to do so, a legal requirement, or a terms-of-service violation discussed above), COPPA is very carefully enforced and the Web site must remove your child's information. They may require that you prove you are the parent, but otherwise they have no option but to remove the information, immediately.

But what if you have posted information about yourself, or others have done so for you, and it's not accurate? You don't mind that it's posted, but you do mind that it's not correct? That may be easier or harder to have corrected than having it removed entirely. Try using the same methods we suggested for having information removed, but also include the correct information in the E-mail. Sometimes it's easier to just have the information removed entirely, and repost it correctly. For some reason, the two-step process of both removing the old information and adding the updated and correct information is more than many Web sites can handle.

If you find a site that's designed to harass you or target you or your children for sexual solicitations or harassment, you need to get help immediately. Cyberstalkers and harassers often use the Internet to post sexual want ads for people they want to harm and frighten, and even the children of those they want to harm. The middle of the night hang-ups can sometimes be explained when you find a site like this, or a posting in a newsgroup making outrageous offers on your behalf. Law enforcement should be involved, if there's any link to real offline contact information. Contact your local law enforcement agency first. (Law enforcement can get help directly from WiredSafety's law-enforcement division, CyberLawEnforcement.org.) If they can't help you, reach out to www.wiredsafety.org (the world's largest online safety and help organization) and they will help you get law enforcement involved and teach you what to do in the meantime.

It's your privacy. Protect it!

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To find out more about Parry Aftab, please visit her page on the Listening Post.

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