August 27 2013
"People who use web-based email today cannot be surprised if their emails are processed by the recipient's [e-mail provider] in the course of delivery. Indeed, 'a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.' "- Google lawyers in a June 2013 court filing
Privacy: "the right to be let alone" Louis Brandeis, citing Judge Thomas Cooley, described in an 1890 paper (cowritten with Samuel D. Warren).
The real estate process includes numerous privacy oriented policies, from MLS and Association agreements to disclosure documents, franchise fees, rebates and agent compensation practices. Consider three examples that illuminate the growing concerns in and around personal and professional privacy.
1. MLS agreements that assert control and require brokers to cede ownership over broker created listing data. Certain multiple listing service agreements assert ownership over broker created listing data. This means the data brokers enter into an MLS system may be "owned" by the MLS. Conflicts have arisen when the MLS transmits broker created data (sometimes with and without compensation) to third parties that may offer conflicting services with the originating broker, such as national aggregators.
What you can do: Brokers should be pro-active in formulating MLS terms and conditions that support their business model(s).
2. Agent emails transaction information to a buyer, seller or co-broker. One or more of the parties may be using an email provider that "data mines" messages. What might the email provider learn from such communication?
What you can do: Brokers and agents should consider the sensitivity of any information shared via email. Consider the use of encrypted messaging, share in person, or through "secure" portals only. Learn more via this extensive encryption guide.
What you can do: Brokers and agents should consider competitive issues associated with intent data mining and disclosure, particularly from large financial institutions who seek core services business.
3. Distribute content to social networks for marketing purposes. Some brokers and agents wish to place their listings and content on as many sites and services as possible. Once the information is present on those services, the ability of the brokerage and/or agent to manage or potentially delete the data is diminished or non-existent. An unflattering property or agent photo or perhaps a poorly written post may live on forever within the social network or aggregator.
Those interested in further understanding personal and professional privacy in the digital era will find security technologist Bruce Schneier's recent article, Restoring Trust in Government and the Internet, worth reading.
Finally, several years ago I created a Facebook account for test purposes with a fake birth date. Perhaps unsurprisingly, I received several direct mail solicitations congratulating me on that fake birthday.
This article originally appeared on the REAL Trends Blog. Reprinted with permission of REAL Trends Inc. Copyright © 2013