Decathlon's 'give details or no sale' policy triggers privacy debate

Kochi: French sports goods retailer Decathlon's policy to make it mandatory for customers to share their phone numbers or email IDs with the company has raised a storm of protest in India amid concerns of data safety.

Pan India, Decathlon follows the policy that it would do business with a person only if s/he shares phone number or email ID with them. The company defends the policy saying it's part of ensuring quality of the product and the consumer's security.

The issue came to light recently after Karnataka bureaucrat Captain Manivannan complained to the government. Decathlon had refused to sell products to Karnataka labour secretary Manivannan as he was not ready to share his personal details with the company. The IAS officer's tweet regarding the issue sparked a fiery discussion on the social media platform where several people shared similar experiences. Many of them described the company's policy as a violation of personal freedom.

Manivannan had alerted regulators, including Karnataka's consumer affairs department as well as the Bruhat Bengaluru Mahanagara Palike (BBMP), which issues trade licences.

The French retailer, in a letter to Manivannan, defended its stand citing the Indian Contracts Act of 1872, further provoking the officer to escalate the issue.

"It is our company’s firm stance that we will not take the risk of selling to a customer who we cannot contact for any emergencies, or whose purchase history is not recorded in our database," the letter read.

"Therefore, under the Indian Contracts Act of 1872, we unfortunately will have to refuse sale to you purely for the reasons that we, as a company, don’t want to risk any liability on us."

A Kerala officer of the Decathlon, however, said the policy is based on the Technology Act 2000. He said it was necessary for the smooth implementation of the company's warranty and product return policies. Sebastian Varghese, customer relationship management referent, Kerala region, said there's nothing to worry about data theft as the company does not share the customers' details with anyone else. "We have a strict policy that those who leak customer data will be terminated," he said.

Asked about sending promotional messages to the customers, he said the latter have the option not to receive them.

"As far as I know, there is no such law. Decathlon has taken umbrage under the Indian Contract Act 1872 and says unless we agree and enter into a contract with them to give our number, the company will not deal with us. Why should it be allowed," Manivannan told a newspaper.

Responding to the Decathlon controversy, Bengaluru police commissioner Bhaskar Rao tweeted that the first step to stop cybercrime is not to share one’s mobile number with shops and mall outlets.