Supermarket 'cookies' targeted by law enforcement

[Margaret Tarbet <tarbet@swaa.com>]

(By 'cookies' i mean the records generated by the ubiquitous
cents-off what-are-you-buying cards -- i call them 'cookies' because
they serve the same purpose as web 'cookies')

>From the PRIVACY list	

It appears that the practice of supermarket purchase data being
made available for investigatory purposes may be going mainstream.
In one recent case, a major national chain admitted that it had
provided "club card"purchase information, under subpoena, to
investigators (in a drug enforcement case) who wanted to know if a
particular person had bought largenumbers of plastic garbage bags.
Apparently such purchases may be anindication of involvement with
illicit drugs (or, perhaps, lots of deciduoustrees in the backyard?
Are garbage bags classified as a "dual use"
technology?)

I believe it would certainly be inappropriate to fault the
supermarket forcomplying with the subpoena.  But a more fundamental
question revolvesaround what happens if such investigatory practices
continue to spread.  Will supermarket and credit card records be
subpoenaed in civil cases, suchas divorce settlement suits?  Did the
spouse by a lot of booze?  Racy books?  Whip cream?  Brightly
colored prophylactics?  

In the absence of laws setting down standards for how incidental
transactional purchase data are protected in different situations,
abuses are sure to occur.  The problem will only get worse as more
persons are luredinto providing additional data about their
purchases and web browsing habits in exchange for free e-mail
accounts, discount airline tickets, twenty cents
off on a jar of mayo, or any number of other goodies.

Vacuum does not make for good law.