Google and Apple are having a debate over privacy as a luxury good with Apple offering privacy enhancements on its expensive devices while Google wants consumers to believe privacy is their fundamental civil right.
Data Privacy
Technological development has always outpaced privacy concerns, but never more so than in the past decade. Collection and centralization of personally identifiable information (PII), tracking of movements and digital surveillance are all at unprecedented levels. Regulations and laws are only just beginning to catch up to the ability of both governments and private entities to deploy these capabilities.
What exactly is there to worry about? The mass collection and centralization of data by giant multinationals such as Facebook and Google is as good of a place to start as any. Two decades of vacuuming up the personal data of users of various online services has created the most impressive marketing capabilities in history, but these profiles have astounding potential for damage when they are used the wrong way or fall into the wrong hands.
Unauthorized information that is captured in data breaches tends to find its way to massive “combo lists” that are sold and traded on the dark web. Social security numbers are added from this breach, home addresses and phone numbers from that one, personal health information from yet another. Soon, a frighteningly complete profile of millions of individuals is available to anyone willing to pay the asking price.
These are just the established data privacy issues. The emerging ones are even worse. High-quality facial recognition technology is just beginning to roll out across the public places of some countries. Artificial intelligence is not only making mass facial recognition possible, but magnifies the power and reach of any application that involves capturing and sorting information: scanning pictures, analyzing speech, sifting through text and location data. This threatens to not only shatter anonymity and privacy, but allow for highly advanced impersonation and take the concept of “identity theft” to new levels.
Some businesses chafe at the trouble and added expense of new and emerging data privacy regulations, but they are vital to both protecting rights and privacy and instilling confidence in end users. Customers want to be able to submit their payment information without worry about data breaches and identity theft, use services without wondering what is being done with their personal information and use devices without fear of surveillance or having location data tracked. The need for meaningful safeguards only grows greater as technological capabilities increase.
New papers reveal the National Security Agency (NSA) regularly purchases internet data about Americans from private data brokers, including categories that could normally only be obtained via a court order.
As much as Facebook would like to sweep the Cambridge Analytica data scandal under the rug, signs continue to mount that the company is still playing fast and loose with user data. All this raises the question of whether the 2011 FTC settlement that resulted in an 8-count consent decree actually went far enough.
Google and Apple’s contact tracing app was supposed to put user privacy first. Each of the tech giants has blocked the most recent update from the NHS, citing privacy violations.
The Texas AG's office is challenging the U.S. Department of Health and Human Services (HHS) in court, looking to peel back a patient privacy amendment to HIPAA that protects out-of-state medical records about abortions.
A federal database meant to keep track of COVID-19 vaccine treatments is receiving some pushback from state governments, due to privacy concerns and state data protection laws.
Since 2019, Facebook has been talking about adding end-to-end encryption to all its messaging services. It appears that the government of the United Kingdom would prefer that these plans go no further.
The suit was filed in California and noted that while customers in a number of countries were automatically exempted from having their data put toward training AI models, US users had their content and messaging (including private messages) included by default.
A change to California's state privacy law is the first regulation to directly take on dark patterns, threatening civil penalties brought under the state's existing unfair competition laws.
Decision-makers have much work to do in order to make the federal privacy law a success. Enforcement will be the most important factor. The stricter the enforcement the higher likelihood of compliance and will dictate implementation willingness across the board.










