Congressman Edward Markey sends letter to Disney CEO Bob Iger regarding Next Gen

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United States Congressman Edward Markey has written a letter to Disney CEO Bob Iger regarding legal concerns and privacy concerns associated with the NextGen announcement. In the letter, Congressman Markey raises many questions involving these privacy issues:

  1. Will Disney guests be required to use MagicBand? Please explain.

    1. For guests that use MagicBand, will those guests be given an option to decide whether or not to share personal information with your company? If no, why not?

i. If yes, will consumers be given a choice to opt-in to information sharing of opt-out from information sharing? Please explain how and when guests will be given this choice.

ii. If yes, will you give consumers a choice about what types of information guests will share with your company? If yes, please list those types of information (e.g. geolocation, items purchased, attractions visited, etc.).

iii. Are there any types of information that consumers must share with your company if they use MagicBand?

  1. If a guest chooses not to use MagicBand, what disadvantages, if any, will that guest experience while visiting a Disney park (i.e., longer waits for attractions, etc.)?
  2. What information do you plan to collect from Disney guests who wear MagicBands, including but not limited to geolocation, items purchased, and attractions visited?

    1. Does the information you collect depend on the age of the guest? If no, why not? If yes, please explain what policies will apply to specific age groups.
  3. Will Disney analyze this data using predictive analytics and other measures to help create profiles of guests? If yes, what other data variables of guests may be included if profiles are created? If yes, will Disney create profiles for all guests, including kids and teens? Please explain.
  4. Does your company plan to use the information collected from MagicBands to target advertisements and marketing at guests? If yes, please explain the ways in which you plan to target advertisements and marketing, including but not limited to geolocation targeting on mobile devices.

    1. If yes, do you plan to target advertisements at kids 12 and under? If yes, please explain the ways in which you plan to target advertisements at children.
    2. If yes, do you plan to target advertisements at teens? If yes, please explain the ways in which you plan to target advertisements at teens.
    3. If yes, do you plan to target advertisements or marketing at guests only when they are inside of Disney parks? If no, what kinds of products may be promoted if such marketing occurs?
  5. Does your company plan to market, sell, or otherwise disclose personal information or profiles about its guests to other companies? If yes, please explain.
  6. Does your company plan to share the information it collects about its visitors with Disney affiliates, such as the Disney Channel or Disney Family.com? If yes, for what purposes do you plan to share that information (e.g., for targeted advertising purposes or marketing)? If yes, please list the affiliates with which you plan to share this information.
  7. How long does your company plan to use or store information collected about its guests from MagicBands?

    1. Does your company have procedures in place to minimize the information it stores about guests?
    2. What procedures does your company employ to ensure deletion of information
    3. Are consumers given reasonable access to review and delete this data?

The Congressman requested a response no later than February 13, 2013. While there is no guarantee that any changes to the NextGen project will result from this letter, the privacy concerns associated with the project have drawn the attention of the government.