Here’s a fun game: compare your privacy statement to what your systems do. Go ahead, I’ll wait.
Uncomfortable yet? You probably should be. I spend a lot of time reviewing privacy implementations, and it’s really rare to find one where reality perfectly matches the promises. Usually, it’s not even close.
When Promises Meet Code
The most glaring disconnect I see? Giving the illusion of choice. Privacy statements love to talk about giving users choices and options. They go on for paragraphs and sections about how users can control their data. But when you look at the actual implementation? Those choices are often buried under layers of complexity that make them practically impossible to exercise.
Want a perfect example? There are many companies whose privacy statements proudly declare, “You can use the unsubscribe link in any of our messages to remove yourself from our lists.” Sounds straightforward, right? Except that the unsubscribe link leads to a page requiring a login with a username and password. Think about that for a second: if someone got on their list through a typo (which happens more often than you’d think), they don’t have an account to log in with. They literally cannot unsubscribe. That’s arguably (indisputably, in my opinion) illegal under the CAN-SPAM Act.1 But, at the very least, it does not deliver on the promises made in the privacy statement.
The Technical Reality Check
Your privacy statement isn’t just another legal document gathering dust on your website. It’s a technical specification. Every promise you make creates a technical requirement that your systems need to implement. When you say “we only collect necessary information,” that means your forms need input validation that actively rejects unnecessary data. When you promise “data used only for specified purposes,” that means purpose-based access controls in your database.
But what do we usually find? Forms that collect everything they can possibly grab, databases that give everyone access to everything, and privacy centers that generate tickets no one actually handles. It’s like promising five-star dining and delivering vending machine sandwiches.
From Promises to Production
Want to know why this happens? Because most companies treat privacy implementation backward. They write a privacy statement full of best practices and promises, then try to retrofit their systems to match. That’s like writing a menu before checking what’s in the kitchen.
Start with reality. What data do your systems actually collect? What controls do you actually have in place? What can users actually control? Not what you think they should collect, but what they are actually doing. That’s your starting point. Then, either build the controls to match your promises or update your privacy statement to match reality.
Making It Work
The Texas Attorney General’s recent action against Allstate shows what happens when privacy promises and technical reality diverge. They caught a company using permissions granted for things like finding gas stations to track driving behavior. They were collecting location data every fifteen seconds – not to help users find cheaper gas but to sell that data to insurance companies.2 That’s not just a technical failing – it’s a fundamental breach of trust.
The Technical Foundations
Your privacy implementation needs three things to work:
First, collection controls that enforce your promises. If you say you don’t collect sensitive data, your forms should actively prevent it – not just hope no one types it in.
Second, a processing framework that makes privacy violations difficult or impossible. Purpose-based access control beats privacy training every time. Data inevitably ends up where it shouldn’t be when everyone has access to everything.
Third, create rights management systems that work for you and your users. If you promise users can delete their data, that needs to be an actual technical capability, not just a help desk ticket that sits in the queue forever. That delays things for the user and creates work for the support team.
The Path Forward
Start with an honest assessment. Pull up your privacy statement and go through it line by line. For each promise, ask yourself: “Can I prove we do this?” Not hope, not assume – prove. The gaps you find are your technical roadmap.
Then, fix the foundation first. Get your data inventory in order. Map your processing activities. Build the basic controls that enforce your promises. It’s not sexy work, but it’s essential.
Finally, keep reality and promises in sync. When you add new features, update your privacy statement. When you make new privacy promises, build the controls first.
Remember
Your privacy statement isn’t just legal boilerplate – it’s a technical specification for your data protection infrastructure. Make it accurate and updated, and ensure your implementation matches your promises. Because when regulators come knocking, “we meant to implement that” isn’t going to cut it.
Note: This post provides general information about privacy statement implementation and does not constitute legal advice. For specific legal guidance regarding your privacy statement, consult with qualified legal counsel.
Footnotes
- Mickey Chandler, Make It Easy To Leave, Spamtacular (Jan. 17, 2025), https://www.spamtacular.com/2025/01/17/make-it-easy-to-leave/ (last visited Jan 23, 2025). ↩︎
- Mickey Chandler, Permission Granted (But Not For That), Spamtacular (Jan. 15, 2025), https://www.spamtacular.com/2025/01/15/permission-granted-but-not-for-that/ (last visited Feb 6, 2025). ↩︎
