Out-Law News 1 min. read

RFID tags in Marks & Spencer's clothes


Marks & Spencer is including radio frequency identification (RFID) tags in clothes at one of its shops in a trial to improve stock accuracy and product availability. But the company is being careful to steer clear of privacy concerns.

The trial began on 13th October in its High Wycombe, England store and will last four weeks, with RFID tags embedded in some men's suits, shirts and ties.

RFID tags consist of a microchip and a tiny antenna that transmits data from the chip to a reader. The reader is activated whenever the antenna comes into range and the data can be used in retail to trigger an event such as ringing up a purchase or ordering more stock.

Many expect RFID tags to replace bar codes; but they have been the subject of concern over the privacy implications of leaving tags in goods once they have been purchased. In theory, if the identity of the purchaser is known, then that individual could be tracked using the data transmitted by the tag.

M&S seems to have taken this on board. Its RFID project, which was initially announced in April, has received funding from the Department of Trade and Industry and is designed for stock management only.

According to the company, the tags have been inserted into removable clothing labels and hold only a unique serial number which identifies the garment. When a tag is scanned the information is stored in a database giving M&S a complete overview of stock management.

This, says the company, will tell it the exact location of any garment in its supply chain, and thus increase the availability of the clothing to customers. The "Intelligent" clothing will also ease the task of stock taking – the garments will be scanned as they enter the store, and mobile scanners will allow staff to locate particular types and sizes of clothing more easily.

Crucially, as far as privacy activists are concerned, there will be no scanners at the checkouts, and therefore no way in which purchaser details can be connected to the garment number.

Katharine Albrecht, director of Privacy group CASPIAN (Consumers Against Supermarket Privacy Invasion and Numbering) has taken a measured view of the M&S approach, telling CNet:

"We stand firm in our opposition to item-level RFID tagging of consumer products and encourage consumers not to purchase them. But we do want to recognize Marks & Spencer's responsible attitude toward the trial. Other retailers have simply chosen to ignore the serious privacy and health concerns of their customers."

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