Saturday, December 3, 2011

Ready for its closeup: Privacy in the Board Room


When (and if) you ever think of or hear the term “Board of Directors” you probably envision of panel of crusty, old-timers sitting around a long board room table day-dreaming, doodling, or dozing off while a CEO goes through yet another Death by PowerPoint presentation. If you think those people are there just to enhance their resume and collect their stipend, think again. It’s whole new world for Board members these days.

The visibility and implied responsibility that Board members have in today’s business environment is as substantial as it has ever been. No longer can Board members be asleep at the wheel while the CEO and/or the company explore every whim or hare-brained idea they want. Starting somewhere around the implosion of Enron back in 2001, investors and other interested observers began asking in earnest “Where was the Board in all of this?”

As recently as late 2010, the Board of Hewlett-Packard fired CEO Mark Hurd in a very public way claiming some impropriety with a female contractor and his expense reports. Even during the most recent scandal at Penn State, the media began questioning why the college’s Board of Trustee’s did not raise a red flag or call into question the very questionable actions of a rogue assistant coach. So why has this group of people who had forever been seen by many as rubber stamps now suddenly, and finally, taking on task of ‘guardians of the corporate reputation’?

The Board of Directors or Trustees acts in trust for the shareholders and employees of a company or taxpayers and students in the case of a school. They are tasked with ensuring that integrity of action and quality of product is delivered by the institution that they are with which they are engaged. It is a duty that should not be taken lightly; and appears as though it is taken more seriously now that ever.

Good thing too. In addition to overseeing their respective institutions, one duty that governing boards must address is the various competing priorities of mission, vision, growth and the mundane administrative. One contemporary matter that will be occupying the board’s agenda more and more is that of privacy - privacy of customer’s data, privacy of driver’s location, privacy of users preferences, privacy of subscriber’s habits, and on and on.

Privacy must be a board level topic. Why? Because privacy and its first cousin, security, are not just compliance issues anymore; they are business issues. Business issues that deserve a seat at the table just like innovation, marketing, sales and design have had for years. A company with a core corporate value of privacy has a distinct competitive advantage over one that treats its customer’s privacy cavalierly. Witness two of the year’s highest profile cases of consumer backlash against a company’s apparent disregard of its customer’s privacy: Google’s covert use of collecting Gmail accounts when it rolled out its Social Circles product in May this year, and Facebook censure by the FTC for a host of infractions, all centered around their indifference to user’s privacy. Both companies must now submit to privacy audits for the next 20 years, said the FTC. Facebook took its act of contrition serious enough to go out and hire not one, but two (!) Privacy Officers in response to the action.

As a practitioner of the art, I take it as my responsibility to advance and elevate the issue of privacy all day and every day as far up the chain as I can, and provide visibility to current and pending privacy issues to senior management and ultimately Board if and when they need it. Like so many other topics this year that got their time in the sun (the Arab Spring, WikiLeaks, Occupy Wall Street, to name a few) it is the right time for another, quieter, more discreet but no less revolutionary movement: to finally bring privacy & security from the back room to the board room.

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