When designing contact tracing apps in relation to COVID-19 or any other diagnosed virus, all of the following privacy measures should be considered EXCEPT?
Data retention.
Use limitations.
Opt-out choice.
User confidentiality.
Contact tracing apps are designed to help public health authorities track and contain the spread of COVID-19 or any other diagnosed virus by notifying users who have been in close contact with an infected person. However, these apps also raise privacy concerns, as they collect and process sensitive personal data, such as health status and location information. Therefore, contact tracing apps should follow the principles of privacy by design and default, which means that they should incorporate privacy measures into their development and operation, and offer the highest level of privacy protection to users.
Some of the privacy measures that should be considered when designing contact tracing apps are:
Opt-out choice, on the other hand, is not a privacy measure that should be considered when designing contact tracing apps, as it would undermine their effectiveness and public health objective. Contact tracing apps rely on voluntary participation and widespread adoption by users to function properly and achieve their purpose. Therefore, offering users the option to opt out of the app or certain features, such as data sharing or notifications, would reduce the app’s coverage and accuracy, and potentially expose users and others to greater health risks. Instead of opt-out choice, contact tracing apps should provide users with clear and transparent information about how the app works, what data it collects and how it uses it, what benefits and risks it entails, and what rights and controls users have over their data. This way, users can make an informed and voluntary decision to use the app or not, based on their own preferences and values.
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Which of the following best describes the ASIA-Pacific Economic Cooperation (APEC) principles?
A bill of rights for individuals seeking access to their personal information.
A code of responsibilities for medical establishments to uphold privacy laws.
An international court ruling on personal information held in the commercial sector.
A baseline of marketers’ minimum responsibilities for providing opt-out mechanisms.
The APEC principles are part of the APEC Privacy Framework, which is an inter-governmental agreement among the 21 member economies of the Asia-Pacific Economic Cooperation (APEC) to promote information privacy protection and the free flow of information in the region. The APEC Privacy Framework consists of four parts: a preamble, a scope, a set of nine information privacy principles, and an implementation section. The APEC information privacy principles are:
The APEC Privacy Framework is not a binding legal instrument, but rather a voluntary and flexible arrangement that allows each member economy to implement the principles according to its own domestic laws and regulations, applicable international frameworks, and cultural and social values. The APEC Privacy Framework also provides for cross-border cooperation and information sharing among member economies, as well as the development of mechanisms to facilitate the cross-border transfer of personal information,such as the APEC Cross-Border Privacy Rules (CBPR) System and the APEC Privacy Recognition for Processors (PRP) System. These mechanisms are based on a common set of rules and standards derived from the APEC Privacy Framework, and are intended to enhance the protection of personal information that flows across borders and to increase the interoperability among different privacy regimes in the region and beyond. References:
Which of the following is NOT one of three broad categories of products offered by data brokers, as identified by the U.S. Federal Trade Commission (FTC)?
Research (such as information for understanding consumer trends).
Risk mitigation (such as information that may reduce the risk of fraud).
Location of individuals (such as identifying an individual from partial information).
Marketing (such as appending data to customer information that a marketing company already has).
Data brokers are companies that collect, analyze, and share personal information about consumers for various purposes, such as marketing, risk mitigation, and research. The U.S. Federal Trade Commission (FTC) conducted a study of nine data brokers in 2012 and published a report in 2014, titled “Data Brokers: A Call for Transparency and Accountability”. In the report, the FTC identified three broad categories of products offered by data brokers, based on the primary purposes for which the products are used by their customers. The three categories are: 12
The FTC report did not include location of individuals as one of the three broad categories of products offered by data brokers. Location of individuals may be a specific type of product or service that some data brokers provide, but it is not a primary purpose for which data brokers use consumer data. Therefore, the correct answer is C. Location of individuals (such as identifying an individual from partial information).
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The use of cookies on a website by a service provider is generally not deemed a ‘sale’ of personal information by CCPA, as long as which of the following conditions is met?
The third party stores personal information to trigger a response to a consumer’s request to exercise their right to opt in.
The analytics cookies placed by the service provider are capable of being tracked but cannot be linked to a particular consumer of that business.
The service provider retains personal information obtained in the course of providing the services specified in the agreement with the subcontractors.
The information collected by the service provider is necessary to perform debugging and the business and service provider have entered into an appropriate agreement.
The California Consumer Privacy Act (CCPA) defines a ‘sale’ of personal information as any transfer or disclosure of personal information to another business or third party for monetary or other valuable consideration. However, the CCPA also provides some exceptions to this definition, such as:
The use of cookies on a website by a service provider is generally not deemed a sale of personal information by the CCPA, as long as the information collected by the service provider is necessary to perform the services specified in the contract with the business,and the service provider does not further collect, sell, or use the personal information of the consumer except as necessary to perform the business purpose. One of the examples of a valid business purpose is to perform debugging to identify and repair errors that impair existing intended functionality.
Therefore, option D is the correct answer, as it describes a scenario where the use of cookies by a service provider is not a sale of personal information under the CCPA, assuming the service provider complies with the contractual obligations and does not further use or disclose the information.
Option A is incorrect, as it does not describe a valid exception to the definition of a sale. The third party that stores personal information to trigger a response to a consumer’s request to opt in is not acting as a service provider, but as a separate entity that may have its own interest in the personal information. The consumer’s request to opt in does not necessarily imply that the consumer has directed the business to disclose the personal information to the third party.
Option B is incorrect, as it does not describe a valid exception to the definition of a sale. The analytics cookies placed by the service provider may still constitute a sale of personal information, even if they cannot be linked to a particular consumer of that business. The CCPA defines personal information broadly to include any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Therefore, the analytics cookies may still fall within the scope of personal information, and their use by the service provider may still be a sale, unless one of the exceptions applies.
Option C is incorrect, as it does not describe a valid exception to the definition of a sale. The service provider that retains personal information obtained in the course of providing the services specified in the agreement with the subcontractors is not acting as a service provider to the business, but as a separate entity that may have its own interest in the personal information. The agreement with the subcontractors does not necessarily imply that the business has authorized the service provider to retain, use, or disclose the personal information for any purpose other than performing the services specified in the contract with the business.
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