[comp.org.eff.talk] National Lotus Database

rsalz@bbn.com (Rich Salz) (11/26/90)

Lotus Development Corporation has a new product due out in 1991, called
"Household Marketplace."  It's a database on CDROM.  It has the estimated
income and a profile of the buying habits of 120 million US residents.
That's a high percentage of the US population -- the odds are pretty good
that YOU are in the Lotus database.

A Lotus spokesman has said that the company is concerned about privacy
issues, so to help prevent misuse of the data only legitimate businesses
can get the disk.  With easy access to a laser printer, a POBox, and/or a
fax machine, however, it is hard to see how Lotus can determine the
legitimacy of anyone, however, and I'm sure that with minor effort almost
anyone will be able to purchase Marketplace.  The cost, by the way, is
under $1000 with quarterly updates available.

The database does not contain any of the data covered by the Fair Credit
Practices Act so Lotus is under no legal obligation to let you see what
they are saying about you.  In fact, during interviews they have said that
there is NO WAY for an individual to review their personal data, nor are
there any provisions to make corrections on what is recorded.

Lotus will remove anyone from their database who writes to them.
Send a letter to:

    Lotus Development Corp.
    Attn:  Market Name Referral Service
    55 Cambridge Parkway
    Cambridge, MA 02142

jbecky@aix.aix.kingston.ibm.com (J. Becky Brenner) (12/04/90)

In article <9011261357.AA28287@litchi.bbn.com> rsalz@bbn.com (Rich Salz) writes:
>Lotus Development Corporation has a new product due out in 1991, called
>"Household Marketplace."  
 .. stuff deleted ...
>Lotus will remove anyone from their database who writes to them.

What information will they need to be able to find and remove an individual
from this database?
-- 
J. Becky Brenner
jbecky@aix.aix.kingston.ibm.com

edguer@charlie.CES.CWRU.Edu (Aydin Edguer) (12/04/90)

In article <1990Dec3.173150.7844@cbnewsh.att.com> mr@cbnewsh.att.com (mark) writes:
>In article <9011261357.AA28287@litchi.bbn.com>, Rich Salz <rsalz@bbn.com> writes:
>> Lotus Development Corporation has a new product due out in 1991, called
>> "Household Marketplace."  It's a database on CDROM.
>> 
>> The database does not contain any of the data covered by the Fair Credit
>> Practices Act so Lotus is under no legal obligation to let you see what
>> they are saying about you.  In fact, during interviews they have
>> said that there is NO WAY for an individual to review their
>> personal data, nor are there any provisions to make corrections
>> on what is recorded. 
>
>What do you mean "there is NO way ...", if I just buy the damn
>thing, can't I check what it says about me ?  What if a hundred
>people decide to get together and buy the thing for $10 per person ?

You are correct Mark, as typed, the statement is incorrect.  I think Rich
meant one or two things by that statment.  First, there is no way (short
of buying the CD-ROM, for just $1000) to check what information is contained
on the CD-ROM about you.  You cannot even determine if you are in the database
(though you [supposedly] can insure you are not in it by sending Lotus mail).
Second, there is no way to review the data before release for correctness.
This means that incorrect information could be circulating for at least one
month (the time between updates).  Since CD-ROM's are pretty indestructible,
the incorrect information will probably be floating around ALOT longer.

But, with any luck, Lotus will make a big mistake about someone, get sued
for libel, and go out of business, taking its software copyrights with it.

Aydin Edguer

philip@beeblebrox.dle.dg.com (Philip Gladstone) (12/04/90)

In article <9011261357.AA28287@litchi.bbn.com> rsalz@bbn.com (Rich Salz) writes:

rsalz> The database does not contain any of the data covered by the Fair Credit
rsalz> Practices Act so Lotus is under no legal obligation to let you see what
rsalz> they are saying about you.  In fact, during interviews they have said that
rsalz> there is NO WAY for an individual to review their personal data, nor are
rsalz> there any provisions to make corrections on what is recorded.

This raises some *extremely* interesting legal issues. If Lotus bring
one copy of this database into the UK, then every US citizen is
entitled (under the terms of the [UK] Data Protection Act 1984) to

a)  be supplied by Lotus with a copy of the information constituting
    any personal data held by Lotus

b)  rectification of any data held by Lotus if found to be inaccurate

c)  compensation due to any inaccuracy 

d)  compensation due to unauthorised disclosure

etc etc. [My reading of the act]

There is some doubt as to the last two categories as to *who* could be
sued for compensation. There is a reading of the Act that says that
Lotus would be liable for inaccuracy, but not for the disclosure.

Note that most European countries have Data Protection Legislation of
some sort (some rather stricter than that of the UK). 

There is one drawback to hoping that Lotus might take a disk into the
UK -- the whole database might be illegal in the first place!

--
Philip Gladstone         Dev Lab Europe, Data General, Cambridge, UK

    Listen three eyes, don't you try and outweird me, I get
    stranger things that you free with my breakfast cereal.

cat@tygra.ddmi.com (CAT-TALK Maint. Account) (12/04/90)

In article <1990Dec3.210525.15065@usenet.ins.cwru.edu> edguer@charlie.CES.CWRU.Edu (Aydin Edguer) writes:
"
"But, with any luck, Lotus will make a big mistake about someone, get sued
"for libel, and go out of business, taking its software copyrights with it.
"
"Aydin Edguer

Ah yes, or some poor slob will end up suing and becoming the proud owner
the copyright for Lotus 1-2-3 and friends. What a lucky man! (Go ahead, Lotus, 
you can make a few mistakes about my personal data .... PLEASE!!!)

jgd@Dixie.Com (John G. DeArmond) (12/05/90)

>In article <1990Dec3.210525.15065@usenet.ins.cwru.edu> edguer@charlie.CES.CWRU.Edu (Aydin Edguer) writes:
>"
>"But, with any luck, Lotus will make a big mistake about someone, get sued
>"for libel, and go out of business, taking its software copyrights with it.

Or even a small mistake.  We had an attorney from one the largest
Intellectual Property firms in Atlanta speak last night at the Atlanta
Unix Users' Group meeting. The question of the Lotus database came up and
he said that most all the lawyers in the field are watching the database
with whetted appetites. Anyone want to volunteer to be a test case? :-) 

John

-- 
John De Armond, WD4OQC        | "Purveyors of speed to the Trade"  (tm)
Rapid Deployment System, Inc. |  Home of the Nidgets (tm)
Marietta, Ga                  | 
{emory,uunet}!rsiatl!jgd      | "Vote early, Vote often"