Blog Posts Tagged with Consumer Privacy

Advances in artificial intelligence (AI) technology promise to revolutionize our approach to medicine, finance, business operations, media, and more. But research has highlighted how apparently “neutral” technology can produce troubling outcomes – including discrimination by race or other legally protected classes. For example, COVID-19 prediction models can help health systems combat the virus through efficient allocation of ICU beds, ventilators, and other resources.

It’s like a scene from an Indiana Jones movie. Our hero enters a cave in search of treasure and every labyrinthine turn poses another unexpected hazard – trip-wired blades, runaway boulders, and snakes (“I hate snakes”). But we’re not talking about a rollicking adventure flick. We’re describing the experience of many online shoppers as they navigate some companies’ websites to avoid digital danger – for example, extra items showing up in a consumer’s cart, unauthorized charges, or the unintended disclosure of personal information.

Aside from obligatory shots of the Grand Canyon or the Leaning Tower of Pisa, many photos that consumers want to keep feature the faces of friends and family. Using a service like Everalbum’s Ever app to store photos and videos in the cloud is one way to free up space on consumers’ devices. But what was Everalbum doing behind the scenes after consumers entrusted the company with those images?

One digit can make a lot of difference. Would the Proclaimers have walked 501 miles? How effective was Love Potion #10? Did the Beatles ask would you still need me, would you still feed me when I’m 65? With so much attention on Section 5 of the FTC Act, some may overlook another important provision of the statute: Section 6(b).

Data To Go: An FTC Workshop on Data Portability begins at 8:30 Eastern Time this morning, Tuesday, September 22, 2020.

“Curtain up. Light the lights.” The FTC’s fifth PrivacyCon begins tomorrow, July 21, 2020, at 9:00 AM Eastern Time. Set a reminder now to join in from wherever you are. The virtual event will bring together global experts to share their latest research on consumer privacy and security, including topics like health apps, bias in AI algorithms, the Internet of Things, international privacy, and so much more.

During this pandemic, preserving public health has, rightly, been our nation’s top concern. But a lively debate has arisen during this time about whether that top priority necessarily means that other values – such as privacy – need to give way. If tracking people’s location will facilitate contact tracing and enforcement of shelter-in-place mandates, do we give governments and commercial partners carte blanche to track our whereabouts? Will enforcing longstanding privacy requirements impede the flow of life-saving public health information?

Next on the FTC’s regulatory review calendar: the Health Breach Notification Rule. In place since 2009, the Rule requires vendors of personal health records and related entities that aren’t covered by HIPAA to notify individuals, the FTC, and, in some cases, the media when there has been a breach of unsecured personally identifiable health data.

Headlines tout rapid improvements in artificial intelligence technology. The use of AI technology – machines and algorithms – to make predictions, recommendations, or decisions has enormous potential to improve welfare and productivity. But it also presents risks, such as the potential for unfair or discriminatory outcomes or the perpetuation of existing socioeconomic disparities. Health AI offers a prime example of this tension.