you can't understand privacy statements - and i can prove it!!
Post on 04-Jul-2015
104 Views
Preview:
DESCRIPTION
TRANSCRIPT
You Can’t Understand Privacy Policies, and I
Prove It!http://solomolegal.wordpress.com
Privacy Statement Paradox
• Privacy statements contain very complex concepts required by law or regulation
• Privacy statements are written by lawyers to comply with those concepts
• There is no requirement to make privacy statements readable, just us asking
The Paradox (contd.)• The rights we are granted in Terms and
Conditions are very important
• The collection and use of intimate personal data is also very important
• Despite this importance, we neglect to read any of these documents
• Unreadability, while not a goal, has fed on this to make privacy statements unapproachable
The Paradox (contd.)
• Most un-trained writers write at the level they are at
• i.e., lawyers write at a law degree level, and 6th graders write at a 6th grade level
• It takes training to overcome this inherent bias
Readability
• Readability is an objective measure
• Readability measures the relative educational level required to understand a particular document
• One form of readability analysis can be found in Microsoft Word, so check your own work
Readability Standards
• Oregon’s Department of Administrative Services requires all documents to be written at no more than a 10th grade level
• The National Institute for Health suggests that easy to read health materials are written at a 6th to 7th grade level
• The NIH further suggested that the lead-in paragraphs are most important
• One writer suggested that fund-raising grants be written between a 4th and 6th grade level as that is “barrier free”
Privacy Statements - Graded
• The privacy statements of various financial services institutions, social networks, search services and this blog were analyzed
• The grade level was assessed for the whole document, as well as the lead-in section
• Readability above a 10th grade level was assigned a failing grade
• NOTE: Word doesn’t go higher than 12.0, so the actual levels may be even higher
Privacy Statement Grades
Spoiler - EVERYONE FAILED!
Financial Services
• Bank of America
• Overall grade level - 12.0
• Lead-in grade level - 12.0
• Overall grade - FAIL!!!
Financial Services
• Well’s Fargo
• Overall grade level - 12.0
• Lead-in grade level - 12.0
• Overall grade - FAIL!!!
Social Networks
• Overall grade level - 11.1
• Lead-in grade level - 12.0
• Overall grade - FAIL!!!
Seeing a trend, yet?
Social Networks
• Overall grade level - 12.0
• Lead-in grade level - 12.0
• Overall grade - FAIL!!!
Social Networks
• Tumblr
• Overall grade level - 12.0
• Lead-in grade level - 12.0
• Overall grade - FAIL!!!
Search Services, etc.
• Overall grade level - 12.0
• Lead-in grade level - 12.0
• Overall grade - FAIL!!!
SoLoMo Law Blog Post
• http://solomolegal.wordpress.com
• Overall grade level - 5.6
• Lead-in grade level - 7.6
• Overall grade - PASS!!!
• I am thankful that I passed, and was a little worried about it. :-)
The Problem - Lawyers
• Lawyers are constitutionally incapable of writing for non-lawyers (a bit broad, sorry)
• Professional writers go through formal training to write for different audiences, and in different voices
• There is no readability standard in any privacy regulation - NONE!
Take-Aways• Your privacy policy is unreadable. Get over it.
• You need to re-write your policy.
• Put duct-tape over your lawyer’s mouth and let someone else try a first draft. A professional writer might be a good choice.
• Test the readability. Use machine analysis at first, but then test with real people.
• Rinse and Repeat as needed.
A Final Word• Self-regulation and regulation are failing the
users
• There has never been a requirement to make a privacy statement readable. NONE!
• Readability needs to be a metric for all of our privacy statements and other legal notices on your websites and in mobile.
Contact Information
• http://www.linkedin.com/in/sociallaw
• rmbohanek@gmail.com
• Website/Blog
• http://solomolegal.wordpress.com
Thank You!
top related