Thread: DeviantART Has no Privacy Policy (dA members should read this)

This is very very disturbing for me, since I've been a member of DeviantART for over 3 years (I joined November 28th, 2002).

http://jark.deviantart.com/journal/7267664

Did you realize that deviantART lacks a privacy policy? No magically morbid legalese; no simplistic layman terminology; nothing. Simply put, there is no written document that covers how deviantART, Inc. handles the personal information it collects from deviants.

It is something that I attempted to work on during my tenure on staff. Repeatedly I was told that “the lawyers are working on it.” This is generally a code-word for, “this is not high on our priority list so I will placate.” Each and every time I attempted to work the privacy policy issue I was railroaded by management. Why?

Privacy is important so I feel that it is necessary to commence dialogue on this issue; it has been ignored long enough.

Do you know what a privacy policy is? If not then I suggest that you read this document in order to get a better understanding of what a privacy policy is.

Here are some examples of privacy policies, both in and out of the community:

• GFXartist
• WinCustomize
• Customize.org
• Yahoo!
• Google
• Microsoft
• Apple
• LiveJournal
• MySpace

Why does deviantART, a website that is ranked within the top 500 most trafficked websites on the Internet, not have a privacy policy? Why does deviantART not offer the same level of privacy protection that we have come to expect at other sites? Both more and less popular sites alike have simple privacy policies that outline what can, and can not, be done with the information they gather from you and your activities at that site.

Here is some good information regarding privacy policies and the websites you visit. Interestingly enough it appears that deviantART, Inc. may be in violation of, at least, a California online privacy protection law by not posting a privacy policy at all. Since both California residents visit deviantART, and because deviantART, Inc.’s headquarters are based there, then this is a major issue. The full text of the law is an interesting read.

What does the lack of a privacy policy mean? It can mean any of a number of evil things. In the most basic sense, deviantART, Inc. is essentially free to do whatever it so desires with each and every ounce of data that it collects from the deviants.

This does not mean that they can take your art and do with it as they please; what they are legally allowed to do with your submissions is covered by the submission agreement.

Personally identifiable information such as your full name, email address, mailing address, gender, location, and other facts that may be used to identify you, could be sold to a marketing firm among other more sinister deeds. No legal covenant has been executed that forbids deviantART from reading private notes between deviants; nothing in places prohibits the staff from altering public and private comments, journals and other interactivity.

Since deviantART, Inc. records all interactivity that takes place on the site they have an easy way of outlining your entire deviant history. If the government, law enforcement or just a lawyer with a simple legal document were to ask for a copy of that information then deviantART, Inc. may very well turn that over. They are not obligated to keep any information private since they have not entered in to a privacy agreement with you.

There is absolutely no mechanism in place to keep deviantART, Inc. from giving away your personal information or the interactivity that you have engaged in on deviantART. In short, anything and everything that you do on deviantART may very well be sold for profit or used against you, for whatever reason, at the sole discretion of management.

So many scenarios exist regarding how, and why, deviantART could be placed in a position where they are asked to turn this type of information over that I will not even begin to explore that area. They range from the obscure to the conspiracy-theory-like to just simple, everyday things.

A website as large and popular as deviantART demands a privacy policy. It is imperative that one exist. Imagine if Google, Yahoo! or Hotmail lacked something as basic as a privacy policy. Nothing would stop their employees from reading your email! Would you use their services if they had the option of doing that?

Tell the management of deviantART, Inc. that you require a privacy policy be put in place immediately. Explain to them that if this does not happen in a timely manner then you will take your business elsewhere and will discontinue any, and all, interactivity until then.

Privacy is paramount. Just because they say that they will never do anything threatening does not mean they will follow through with that promise. Protect yourself in the interim and insist that deviantART, Inc. start acting like a responsible business.

Take action and safeguard yourself.

Its not going to stop me from using dA, I've invested too much time and money there to just leave, but this did give me pause.