Privacy protecting fitness trackers

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This document summarizes the current state of research on data privacy and fitness trackers. It begins with an overview of data privacy laws in the EU and US, noting that the EU has stronger protections over personal data with the General Data Protection Regulation (GDPR). The following sections summarize the limited existing research on data privacy issues related to fitness trackers, including lack of user control over data collection and risks of third-party inference attacks. User studies provide insights into perceptions and behaviors around privacy and fitness data. Overall, the document finds that legal protections for health-related information are becoming more important and the GDPR establishes improved privacy standards, though it is unclear if the new EU-US Privacy Shield agreement is adequate. More research attention

Education

Privacy protecting ﬁtness trackers?
Dr. Kaja J. Fietkiewicz & Maria Henkel

Department of Information Science, Heinrich-Heine-University Düsseldorf

HCI International 2018, Las Vegas

!3
1 The status quo of data
privacy in the EU and the US
The development of data
privacy in the EU
2
The state of scientiﬁc
research on data privacy and
ﬁtness trackers

!4
Legal status
quo of data
privacy in the
EU and the US

!6
USA EU
Horizontal
Reach
Example
Vertical
attributes
HIPAA (Health
Insurance
Portability and
Accountability Act)
Data Protection
Directive,
GDPR
Sector-by-sector
regulation, not
deﬁned by data
type but data
custodians
All sectors of
economy, all
„personal data“,
all stakeholders
Limited, mostly
only downstream
protection
Application
throughout the
lifespan of data

!7
History of Data Protection in EU…
Data Protection
Directive
1
12/1995 07/2000
2
Safe Harbor
Privacy Principles
2011
3
Schrem’s ﬁrst
round of complaints
against Facebook
2013
4
Snowden
reveals global
surveillance
programs
5 6 7
2014 2015 2016 2018
CJEU’s ruling
on the right
be forgotten
CJEU’s
ruling on
the Safe
Harbor
EU-US
Privacy
Shield
GDPR
8

!8
State of research
on data privacy
and
ﬁtness trackers

!9
1
„[i]n most countries, laws that govern the
collection, storage, analysis, processing, reuse,
and sharing of data (…) fail to adequately
address the privacy challenges associated with
human tagging technologies“
(Voas & Kshetri, 2017)
2
HIPPA and use of health-related data in
the USA (Ghazinur et al., 2017)
E-Health Law in Germany, data privacy
in medical sector (Altpeter, 2017)

!10
3
“individualized ‘data mining‘ enables delivery of
personalized product recommendations and
offerings“ but also “may disrupt the traditional view
of consumer consent“
“consumer-oriented nutrigenomics currently does
not ﬁt neatly into existing legal categories“
(Rosenbaum at al., 2017).
Bostanci (2015) identiﬁes malware, breach of
privacy, efﬁcient data processing and incompatibility
of analysis tools and systems as ethical and
technological threats and challenges for the future
wearable technologies.
Ghazinour, Shirima, Parne and Bhoomreddy (2017)
criticize the „current binary standard“ for data
collection as it „leaves the user no options on selecting
their privacy preferences on their data and if they do
not agree to the terms, they cannot use the device“

!11
2
Torre, Koceva, Sanches and Adorni (2016) thematize
the problem of inference attacks by third parties
which are granted access to health and activity data
by the user.
Solution: “Adaptive Inference Discovery Services“
with personal data management functionalities.
Case study with 49 users to apply this framework,
assistance in deciding which privacy setting are
optimal to reduce the inference risk.
3
User studies giving
insights on opinions,
perceptions, behavior of
the users.
Yoon, Shin and Kim (2015)
Lehto and Lehto (2017)
Lidynia, Brauner and Zieﬂe (2018)

!13
Legal regulations for protecting
health-related information collected
of increasing importance
With GDPR the European
data privacy environment
is changing for better.
It is questionable whether the
„new“ EU-US Privacy Shield
keeps up with this change.
Only slight interest in data
privacy (regulations) and ﬁtness
trackers among scholars.

!14
Thank you for your attention!
Questions or suggestions?
kaja.ﬁetkiewicz@hhu.de

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Privacy protecting fitness trackers

1. Privacy protecting ﬁtness trackers? Dr. Kaja J. Fietkiewicz & Maria Henkel Department of Information Science, Heinrich-Heine-University Düsseldorf HCI International 2018, Las Vegas

2. !2

3. !3 1 The status quo of data privacy in the EU and the US The development of data privacy in the EU 2 The state of scientiﬁc research on data privacy and ﬁtness trackers

4. !4 Legal status quo of data privacy in the EU and the US

5. !5

6. !5

7. !5

8. !6 USA EU Horizontal Reach Example Vertical attributes HIPAA (Health Insurance Portability and Accountability Act) Data Protection Directive, GDPR Sector-by-sector regulation, not deﬁned by data type but data custodians All sectors of economy, all „personal data“, all stakeholders Limited, mostly only downstream protection Application throughout the lifespan of data

9. !7 History of Data Protection in EU… Data Protection Directive 1 12/1995 07/2000 2 Safe Harbor Privacy Principles 2011 3 Schrem’s ﬁrst round of complaints against Facebook 2013 4 Snowden reveals global surveillance programs 5 6 7 2014 2015 2016 2018 CJEU’s ruling on the right be forgotten CJEU’s ruling on the Safe Harbor EU-US Privacy Shield GDPR 8

10. !8 State of research on data privacy and ﬁtness trackers

11. !9 1 „[i]n most countries, laws that govern the collection, storage, analysis, processing, reuse, and sharing of data (…) fail to adequately address the privacy challenges associated with human tagging technologies“ (Voas & Kshetri, 2017) 2 HIPPA and use of health-related data in the USA (Ghazinur et al., 2017) E-Health Law in Germany, data privacy in medical sector (Altpeter, 2017)

12. !10 3 “individualized ‘data mining‘ enables delivery of personalized product recommendations and offerings“ but also “may disrupt the traditional view of consumer consent“ “consumer-oriented nutrigenomics currently does not fit neatly into existing legal categories“ (Rosenbaum at al., 2017). Bostanci (2015) identifies malware, breach of privacy, efficient data processing and incompatibility of analysis tools and systems as ethical and technological threats and challenges for the future wearable technologies. Ghazinour, Shirima, Parne and Bhoomreddy (2017) criticize the „current binary standard“ for data collection as it „leaves the user no options on selecting their privacy preferences on their data and if they do not agree to the terms, they cannot use the device“

13. !11 2 Torre, Koceva, Sanches and Adorni (2016) thematize the problem of inference attacks by third parties which are granted access to health and activity data by the user. Solution: “Adaptive Inference Discovery Services“ with personal data management functionalities. Case study with 49 users to apply this framework, assistance in deciding which privacy setting are optimal to reduce the inference risk. 3 User studies giving insights on opinions, perceptions, behavior of the users. Yoon, Shin and Kim (2015) Lehto and Lehto (2017) Lidynia, Brauner and Zieﬂe (2018)

14. !12Discussion

15. !13 Legal regulations for protecting health-related information collected of increasing importance With GDPR the European data privacy environment is changing for better. It is questionable whether the „new“ EU-US Privacy Shield keeps up with this change. Only slight interest in data privacy (regulations) and ﬁtness trackers among scholars.

16. !14 Thank you for your attention! Questions or suggestions? kaja.ﬁetkiewicz@hhu.de

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