Der California Privacy Rights Act (CPRA)

BACKGROUND Technology using digital contact tracing apps has the potential to slow the spread of COVID-19 outbreaks by recording proximity events between individuals and alerting people who have been exposed. However, there are concerns about the abuse of user privacy rights as such apps can be repurposed to collect private user data by service providers and governments who like to gather their citizens’ private data. OBJECTIVE The objective of our study was to conduct a preliminary analysis of 34 COVID-19 trackers Android apps used in 29 individual countries to track COVID-19 symptoms, cases, and provide public health information. METHODS We identified each app’s AndroidManifest.xml resource file and examined the dangerous permissions requested by each app. RESULTS The results in this study show 70.5% of the apps request access to user location data, 47% request access to phone activities including the phone number, cellular network information, and the status of any ongoing calls. 44% of the apps request access to read from external memory storage and 2.9% request permission to download files without notification. 17.6% of the apps initiate a phone call without giving the user option to confirm the call. CONCLUSIONS The contributions of this study include a description of these dangerous permissions requested by each app and its effects on user privacy. We discuss principles that must be adopted in the development of future tracking and contact tracing apps to preserve the privacy of users and show transparency which in turn will encourage user participation.

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Systematic Government Access to Private-Sector Data in the United States II

10.1093/oso/9780190685515.003.0009 ◽

2017 ◽

Cited By ~ 1

Author(s):

Fred H. Cate ◽

Beth E. Cate

Keyword(s):

United States ◽

Private Sector ◽

Freedom Of Expression ◽

The United States ◽

Freedom Of Information ◽

Privacy Rights ◽

Reasonable Expectation ◽

The Supreme Court ◽

The Us ◽

Sector Data

This chapter covers the US Supreme Court’s position on access to private-sector data in the United States. Indeed, the Supreme Court has written a great deal about “privacy” in a wide variety of contexts. These include what constitutes a “reasonable expectation of privacy” under the Fourth Amendment to the Constitution; privacy rights implicit in, and also in tension with, the First Amendment and freedom of expression; privacy rights the Court has found implied in the Constitution that protect the rights of adults to make decisions about activities such as reproduction, contraception, and the education of their children; and the application of the two privacy exemptions to the Freedom of Information Act (FOIA).

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AI and Migration Management

The Oxford Handbook of Ethics of AI ◽

10.1093/oxfordhb/9780190067397.013.49 ◽

2020 ◽

pp. 768-787

Author(s):

Petra Molnar

Keyword(s):

Human Rights ◽

New Technologies ◽

Forced Migration ◽

Fundamental Rights ◽

International Human Rights Law ◽

Privacy Rights ◽

International Regulation ◽

Development Technology ◽

And Migration ◽

The Right

This chapter focuses on how technologies used in the management of migration—such as automated decision-making in immigration and refugee applications and artificial intelligence (AI) lie detectors—impinge on human rights with little international regulation, arguing that this lack of regulation is deliberate, as states single out the migrant population as a viable testing ground for new technologies. Making migrants more trackable and intelligible justifies the use of more technology and data collection under the guide of national security, or even under tropes of humanitarianism and development. Technology is not inherently democratic, and human rights impacts are particularly important to consider in humanitarian and forced migration contexts. An international human rights law framework is particularly useful for codifying and recognizing potential harms, because technology and its development are inherently global and transnational. Ultimately, more oversight and issue specific accountability mechanisms are needed to safeguard fundamental rights of migrants, such as freedom from discrimination, privacy rights, and procedural justice safeguards, such as the right to a fair decision maker and the rights of appeal.

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Students’ Individual Rights: Safety and Privacy

The Oxford Handbook of U.S. Education Law ◽

10.1093/oxfordhb/9780190697402.013.28 ◽

2019 ◽

Author(s):

Martin Gardner

Keyword(s):

Public Schools ◽

Supreme Court ◽

School Safety ◽

Fourth Amendment ◽

Privacy Rights ◽

Discipline Problems ◽

School Officials ◽

Privacy Concerns ◽

Safety Issues ◽

Student Privacy

This chapter addresses problems faced by educators attempting to provide their students with a safe and effective learning environment. Drugs and weapons in many schools pose serious safety and discipline problems, while threats of violence from sources outside the school have become increasingly serious. Educators deal with these problems while students enjoy Fourth Amendment rights. Often the privacy rights of students conflict with the interests of school officials. The task of the law is to accommodate the respective interests of educators and students. The discussion herein addresses some of these issues of student privacy and safety. The examination of school privacy focuses on the extent to which the Fourth Amendment’s protection against “unreasonable searches and seizures” applies to those attending public schools. The Fourth Amendment discussion illustrates the often-conflicting obligation of educators to keep those in their charge safe while at the same time respecting student privacy concerns. School safety interests also exist outside the context of the Fourth Amendment as illustrated by strategies to keep schools safe from threats such as those dramatically manifested by school shootings killing multiple students. Some such strategies, along with discussion of the dangers of cell phones in schools, will be reviewed in this chapter. The Fourth Amendment section considers the relevant U.S. Supreme Court decisions addressing student rights under the Fourth Amendment, as well as reviewing lower court cases treating issues left open by the Supreme Court. The chapter concludes by highlighting school safety issues not directly involving the Fourth Amendment.

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