Page 9 - September-October-2022-CBA-Report
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downloading or using a health app may be enough to give the developer permis- sion to collect, retain, or sell the user’s information with data brokers, marketing and analytics firms, law enforcement personnel or others.
Law Enforcement Made Possible by Data
While there have been no reported cases of law enforcement requesting information from period-tracking apps in the prosecution of someone who has had an abortion, parallels have been drawn between this (currently) hypothet- ical scenario and the common practice of tech companies cooperating with law enforcement requests for information, particularly in cases of child exploitation.
When requesting such information from an individual directly, law enforce- ment would need a warrant. But when requesting the information from a third party — such as from a cycle-tracking app — only a subpoena is needed. The same is true for internet search history and loca- tion data. In fact, Google specifically states in its privacy policy that it “will share personal information outside of Google if [it has] a good-faith belief that access, use, preservation, or disclosure of the informa- tion is reasonably necessary to meet any applicable law, regulation, legal process, or enforceable governmental request.”
It is difficult to fully shield oneself from a system designed to gather as much information about a person as possible and then to monetize that information by sharing it with other third parties. Even the most privacy-centric compa- nies — such as Apple — can be forced (or simply persuaded) to release data they have collected and stored regarding an individual being investigated by law enforcement.
The solution, then, is for a user to limit the amount of information tracked or collected by an app or website in the first place. In today’s digital world, this is not easy, but users can be more selective in the apps they use — making sure to select apps with strong privacy policies and practices — and in the information they provide to apps and websites. This includes turning off location sharing except when an app is in use and only if needed for the app’s functionality.
Unfortunately, this does not completely solve the problem so users — especially those living in states where abortion is or could be a criminal offense — may want to consider whether to revert to the low-tech paper and pen tracking system.
Elam’s passion for technology is the driving force behind her digital risk advisory and cybersecurity practice at BakerHostetler. She works closely with clients to guide them through incident response and data breach investigations, including coordinating digital forensic investigations of data security incidents, determining breach notification obligations, and overseeing implementation of restoration efforts. As
a Certified Information Privacy Professional with
a Master’s degree in Information Technology, Elam bridges the gap between legal, business and technology perspectives for clients.
Stupart is an Associate at BakerHostetler and a member of the Digital Risk Advisory and Cybersecurity team. His practice focuses on helping clients avoid potential data security breaches, as well as guiding them through the response process if an incident occurs. He is a Certified Information Privacy Professional with a degree in Business Administration and Computer Information Systems. As a former prosecutor and defense attorney, Stupart has a unique perspective that enables him to better advise his clients and prepare them for various situations that might arise.
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 THE REPORT | September/October 2022 | CincyBar.org
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