Privacy is of paramount importance in the hospitality industry and the operators need to understand the possible implications and ways to make sure they act appropriately. While the customer demands that he has the right to privacy once they are in apartments, the operators on the other hand might be required to obtain personal information from the guests to ensure not only the safety of their apartments but also the safety of other guests.
Illegal or non-permitted disclosure of the information so collected to a second person may spur complaints from the side of the customer through litigation. In some cases, for example, the company or entity collecting personal information such as the customer’s phone number and email is required by the law to take reasonable care to ensure they are not shared for misuse by others or stolen.
In addition, the company is restricted to sharing this information with others who did not collect the information directly from the customers unless they so tell them. Because issues of competition and claim of convenience and advertisements may force the companies to re-use the data, such data may become prone to misuse by other people which may spur litigation measures by the offended (Barth and David, 2006). The operators must therefore take a very keen interest in the way they ensure that the customer is treated in a private manner when they help collect this data.
Avoiding collecting data may not be a solution because such data is used in verifying the identity of the guest, or may be required in case there are other complaints and security concerns. Even the usage of such data to accuse the guest who has been found engaging in illegal behavior should be done responsibly because the customer may even react later after the violation of his rights. The management in the hospitality industry must design a system that clearly takes caution in ensuring that they comply with the regulation while collecting data, storing those data, and secure options.
For example, they must analyze who has access to the data, and put in place means to ensure that data is not insecurely accessed. The guest must be made aware while booking what data is to be collected, how long it will be stored and these notices need to be covered in the company’s policies so that the operator will apply them.
Even when a third party is used to facilitate bookings, issues of security of information need to be addressed in the contract the company signs with the third party attaching responsibility to the third party for the privacy of the client’s information. It would also require that the company establishes means to countercheck whether this data is being used by the third-party illegally for other reasons and take the necessary actions after suspicion. Any intentions to sell data from the clients to a third party need to obtain consent from the client before proceeding.
The operator needs to be well trained in matters concerning the privacy of the guest not only to avoid litigation but on the other side may be necessary to maintain the reputation of the hotel and lead to deterioration of a business. This is the case with letting out information on the whereabouts of famous guests to the press. Members who have subscribed to certain schemes need to be informed of what use their data is being engaged in and how.
Since data protection laws may empower clients to have access to the information a hotelier for example is holding or storing about them, and that the laws require customer data held to be adequate, non-excessive, and relevant, operators must keep off from storing and using excessive data such as whether individuals are heavy drunkards or not, guests’ overnight companions and whether they are a polite or rude customer, to avoid litigation measures.
Operators and the management in hospitality need to understand clearly the implications of transmission of data since some countries restrict the transmission of personal data outside specific regions or require that certain conditions be met during and before transmission. For example, to transmit data across the Hong Kong border, general data privacy principles demand data is only used for the purposes disclosed at the time of collection and that all practical steps are necessary to secure the data be taken by the user.
Therefore, any hotelier company may wish to distribute information related to the number of people who have visited it as a way of advertising need avoid the display of personal information such as names and contacts if no allowance for this was made during collection. Users of the informational system must understand this to avoid the possibilities of litigation.
Transmission of data is regulated in Europe by restricting transmission of personal including client data to a country outside the European Economic Area unless if there is “adequate level of protection” ensured by the country. Companies may therefore find themselves facing legal issues as concerns data security in the face of advancing informational technology and systems. The issues may further be worse if the company exposes important information such as bank details so as the customer loses through hacking of information for example, as a result of carelessness and failure to put the necessary security measures in their systems. Disposing of the customer data is also important.
A company may want to comply with the international ISO 27001 standards which could be widely approved by many countries. information collected and displayed to agencies for investigation purposes like to the police need be done consistent with law and ensure legality in their handling such as determine whether the person so demanding data intends to use it for the allowed purpose and he or she is not the wrong person so purporting to be another.
In addition, information collected by CCTV monitoring systems must be restricted from focusing areas where privacy would be demanded such as away from the reception area, toilet or inside private rooms. One way to make sure such information is secure is to monitor who accesses it and why and for what reasons and putting necessary policies guarding against illegal usage of this information by the employees.
Work Cited
Barth S. and David H., Hospitality Law: Managing Legal Issues in the Hospitality Industry. Contributor (David H). John Wiley and Sons (2006).
Hospitality & Leisure Update-Data Danger When Keeping Guest History. DLA Piper. 2009. Web.