Researcher concerned at 'ambiguous' tech company terms

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Experts are concerned ambiguous terms and conditions on digital platforms are being used to exploit consumers.

A new study, looking at Spotify and Tinder’s privacy policies, accuses the platforms of a lack of openness and opaque language.

Researcher Dr Fabio Morreale says while there is an increase in the data being collected from consumers, there is missing information as to how it is used.

“If companies are relatively clear about what data they collect, the same can't be said about why this this data is collected and what do they do with it. The platforms we use daily extract as much data as possible from us without telling us why, what, and how.”

The study found over the course of just under a decade, Spotify’s privacy policy word count had increased from 2500 words in 2012 to around 4200 in 2021. Researchers attributed this to an increasing scope of personal information collected by the platform.

Similarly with Tinder, the privacy policy went from 980 words in 2012, to about 4500 in 2021. Again, researchers put this down to an expansion of data being gathered from users.

While researching, Morreale says trying to obtain information about companies’ algorithms and functionality is difficult, with platforms creating a "hostile environment" for academics. This ambiguity does not surprise him.

"Digital platforms clearly tend to be as opaque as possible. I don't think it's a matter of 'protecting industry secrets' but rather a matter of not wanting users to exactly learn how much they are exploited."

Alison Mackie, executive director at NZTech, says the lack of transparency is deeply concerning.

"The language used in policies is deliberately confusing to the everyday person; it’s inaccessible and purposefully allows companies to create loopholes to rewrite their own rules."

She says there needs to be greater accountability, and legislation must play its part.

"It’s imperative we establish sound private information laws that protect users, while simultaneously providing access to moderating actors – like academics – who serve the public interest when undertaking research."

However, acting Privacy Commissioner Liz MacPherson highlights the role users also play when it comes to protecting their data.

"As consumers, we hope that that the organisations and platforms we are entrusting with our personal information will keep it safe and secure. But, we can take some of the power back. We can check privacy statements and policies – who are they sharing our information with?"

The newest research from the Commission shows six out of 10 Kiwis are still worried about key aspects of privacy. MacPherson says it shows trust in digital platforms is hard won and easily lost, and organisations risk losing customer loyalty when this is breached. 2

"Almost half of New Zealanders would avoid doing something online if they thought their activity was being tracked. And around two thirds of New Zealanders say they are likely to change a service provider if they heard about poor privacy practice."

A spokesperson for Tinder says they are focused on "keeping our members safe and their data private". They say data is not sold to third parties or dependent on advertising to maintain or grow the business.

Spotify’s privacy policy outlines user rights, saying consumers have the right to "request that we temporarily or permanently stop processing all or some of your personal data".

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