Weekly post: Data Privacy
What the data tells us about the state of data collection
In addition to the Charts of the Week roundup, this newsletter features a weekly deep dive data storytelling post on a specific topic from a member of the community. The third edition of the weekly post comes from our Data Journalist Intern, Emily Irion, a graduate student at UCSD’s School of Global Policy & Strategy. You can follow her on OpenAxis and Twitter. As always, each visualization has a backlink to share or remix the chart and explore the dataset with tools for collaboration and crowdsourcing insights. Join the conversation!
Last month, “Last Week Tonight” TV host John Oliver made headlines with his episode on data brokers (I highly recommend it!). In the episode, Mr. Oliver presents the U.S. Congress with a compelling argument for why we need data privacy laws. He used real advertisements targeting members of Congress in the D.C. area and then bought the data on the people who clicked on these ads. The exercise exposed the vulnerability of ALL consumers, including legislators, in a world without data privacy protections.
Are consumers worried about their data?
The majority of Americans say they are somewhat or very concerned with how the government and companies use their personal data. However, a 2021 report from Deloitte claims that those concerns aren't driving consumer behavior. They say this is due to "the majority of consumers trust, possibly out of apathy, that their data is in safe hands." I argue that for consumers in the U.S. there are limited options. We can't simply opt-out of being online, and without a federal data protection policy there is little to no consumer power over our data.
Notably, the European Union (EU) has the General Data Protection Regulation (GDPR) and California has the California Consumer Privacy Act (CCPA), but California’s policy is opt-out instead of an opt-in, meaning consumers have to take the extra step of changing their "cookies'" settings to protect their data. This application of “nudge theory”, coined by Nobel prize winning behavioral economist Richard Thaler and Cass Sunstein, indicates that opt-in is the desirable option for the state of California because it is set as default (presumed consent) and consequently more people end up choosing that option.
Roe v Wade and women’s reproductive health data
The recent Supreme Court leak of Justice Samuel Alito’s draft opinion on Roe v. Wade has many people speculating how data collected on reproductive health apps might be used against women. This illustrates the type of sensitive information that these apps are able to, in most cases legally, collect and sell. (Interested in other types of data being collected on you? Have your mind blown here)
A recent study of the 23 most popular women's mobile health apps found these apps to be “lacking basic data privacy and security practices.” Not only are consumers sharing their personal health information and location with some of these apps but 65% (i.e., 15/23) of the apps share data with a third party for tracking and analysis.
So should you stop using reproductive health apps, like period tracking apps? The answer is yes. The idea that period tracking apps, a user’s search history, and geolocation data can be used against women is not a far-fetched idea; it’s a reality. But simply deleting the app does not address the actual problem.
Data surveillance is omnipresent
Predatory practices of data surveillance are not new, and there have been well documented instances of data being used against marginalized communities with devastating consequences around the world; the U.S. is not an exception. This week, the Center on Privacy and Technology at Georgetown Law released a report on the Immigration and Customs Enforcement (ICE) Agency. Their evidence shows how “ICE’s surveillance programs have cast a dragnet over the whole U.S. population.” Nonprofits and activists have been raising the alarm about ICE and police surveillance methods for years without success. A VICE article released this week reveals information on how the San Francisco police department is using driverless cars as mobile surveillance cameras for their investigations. With little to no oversight, these agencies are able to capitalize on the rapidly changing technological environment.
With the growing popularity of Internet of Things (IoT) and data surveillance across industries, we are producing more data than at any time in history: about 2.5 quintillion bytes per day. Whether it is by the state or private companies collecting data, selling it, and targeting us with advertisements, something has to give. Some, like former 2020 presidential candidate Andrew Yang, argue data should be a property right with individuals sharing in the economic spoils. Others just want more protection.
Although there are quick and easy steps consumers can take to protect themselves, the bottom line is there needs to be a comprehensive undertaking of U.S. data privacy laws.