Cellphone tracking could help stem the spread of coronavirus. Is privacy the price?


Kelly Servick at Science: “…At its simplest, digital contact tracing might work like this: Phones log their own locations; when the owner of a phone tests positive for COVID-19, a record of their recent movements is shared with health officials; owners of any other phones that recently came close to that phone get notified of their risk of infection and are advised to self-isolate. But designers of a tracking system will have to work out key details: how to determine the proximity among phones and the health status of users, where that information gets stored, who sees it, and in what format.

Digital contact tracing systems are already running in several countries, but details are scarce and privacy concerns abound. Protests greeted Israeli Prime Minister Benjamin Netanyahu’s rollout this week of a surveillance program that uses the country’s domestic security agency to track the locations of people potentially infected with the virus. South Korea has released detailed information on infected individuals—including their recent movements—viewable through multiple private apps that send alerts to users in their vicinity. “They’re essentially texting people, saying, ‘Hey, there’s been a 60-year-old woman who’s positive for COVID. Click this for more information about her path,’” says Anne Liu, a global health expert at Columbia University. She warns that the South Korean approach risks unmasking and stigmatizing infected people and the businesses they frequent.

But digital tracking is probably “identifying more contacts than you would with traditional methods,” Liu says. A contact-tracing app might not have much impact in a city where a high volume of coronavirus cases and extensive community transmission has already shuttered businesses and forced citizens inside, she adds. But it could be powerful in areas, such as in sub-Saharan Africa, that are at an earlier stage of the outbreak, and where isolating potential cases could avert the need to shut down all schools and businesses. “If you can package this type of information in a way that protects individual privacy as best you can, it can be something positive,” she says.

Navigating privacy laws

In countries with strict data privacy laws, one option for collecting data is to ask telecommunications and other tech companies to share anonymous, aggregated information they’ve already gathered. Laws in the United States and the European Union are very specific about how app and device users must consent to the use of their data—and how much information companies must disclose about how those data will be used, stored, and shared. Working within those constraints, mobile carriers in Germany and Italy have started to share cellphone location data with health officials in an aggregated, anonymized format. Even though individual users aren’t identified, the data could reveal general trends about where and when people are congregating and risk spreading infection.

Google and Facebook are both in discussions with the U.S. government about sharing anonymized location data, The Washington Post reported this week. U.S. companies have to deal with a patchwork of state and federal privacy regulations, says Melissa Krasnow, a privacy and data security partner at VLP Law Group. App and devicemakers could face user lawsuits for sharing data in a way that wasn’t originally specified in their terms of service—unless federal or local officials pass legislation that would free them from liability. “Now you’ve got a global pandemic, so you would think that [you] would be able to use this information for the global good, but you can’t,” Krasnow says. “There’s expectations about privacy.”

Another option is to start fresh with a coronavirus-specific app that asks users to voluntarily share their location and health data. For example, a basic symptom-checking app could do more than just keeping people who don’t need urgent care out of overstretched emergency rooms, says Samuel Scarpino, an epidemiologist at Northeastern University. Health researchers could use also use location data from the app to estimate the size of an outbreak. “That could be done, I think, without risking being evil,” he says.

For Scarpino, the calculus changes if governments want to track the movements of a specific person who has coronavirus relative to the paths of other people, as China and South Korea have apparently done. That kind of tracking “could easily swing towards a privacy violation that isn’t justified by the potential public health benefit,” he says….(More)”.

Privacy and Pandemics


Emily Benson at the Bertelsmann Foundation: “In bucolic China, a child has braved cold temperatures for some fresh outdoors air. Overhead, a drone hovers. Its loudspeaker, a haunting combination of human direction in the machine age, chides him for being outdoors. “Hey kid! We’re in unusual times… The coronavirus is very serious… run!!” it barks. “Staying at home is contributing to society.”

The ferocious spread of COVID-19 in 2020 has revealed stark policy differences among governments. The type of actions and degrees of severity with which governments have responded varies widely, but one pressing issue the crisis raises is how COVID-19 will affect civil liberties in the digital age.

The Chinese Approach

Images of riot gear with heat-sensing cameras and temperature gun checks in metro stations have been plastered in the news since the beginning of 2020, when the Chinese government undertook drastic measures to contain the spread of COVID-19. The government quickly set about enacting strict restraints on society that dictated where people went and what they could do.

In China, Alipay, an Alibaba subsidiary and equivalent of Elon Musk’s PayPal, joined forces with Ant Financial to launch Alipay Health Code, a software for smart phones. It indicates individuals’ health in green, yellow, and red, ultimately determining where citizens can and cannot go. The government has since mandated that citizens use this software, despite inaccuracies of temperature-reading technology that has led to the confinement of otherwise healthy individuals. It also remains unclear how this data will be used going forward–whether it will be stored indefinitely or used to augment civilians’ social scores. As the New York Times noted, this Chinese gathering of data would be akin to the Centers for Disease Control (CDC) using data from Amazon, Facebook, and Google to track citizens and then share that data with law enforcement–something that no longer seems so far-fetched.

An Evolving EU

The European Union is home to what is arguably the most progressive privacy regime in the world. In May 2018, the EU implemented the General Data Protection Regulation (GDPR). While processing personal data is generally permitted in cases in which individuals have provided explicit consent to the use of their data, several exceptions to these mining prohibitions are proving problematic in the time of COVID-19. For example, GDPR Article 9 provides an exception for public interest, permitting the processing of personal data when it is necessary for reasons of substantial public interest, and on the basis of Union or Member State law which must be proportionate to the aim pursued…(More)”.

Statement of the EDPB Chair on the processing of personal data in the context of the COVID-19 outbreak


European Data Protection Board: “Governments, public and private organisations throughout Europe are taking measures to contain and mitigate COVID-19. This can involve the processing of different types of personal data.  

Andrea Jelinek, Chair of the European Data Protection Board (EDPB), said: “Data protection rules (such as GDPR) do not hinder measures taken in the fight against the coronavirus pandemic. However, I would like to underline that, even in these exceptional times, the data controller must ensure the protection of the personal data of the data subjects. Therefore, a number of considerations should be taken into account to guarantee the lawful processing of personal data.”

The GDPR is a broad legislation and also provides for the rules to apply to the processing of personal data in a context such as the one relating to COVID-19. Indeed, the GDPR provides for the legal grounds to enable the employers and the competent public health authorities to process personal data in the context of epidemics, without the need to obtain the consent of the data subject. This applies for instance when the processing of personal data is necessary for the employers for reasons of public interest in the area of public health or to protect vital interests (Art. 6 and 9 of the GDPR) or to comply with another legal obligation.

For the processing of electronic communication data, such as mobile location data, additional rules apply. The national laws implementing the ePrivacy Directive provide for the principle that the location data can only be used by the operator when they are made anonymous, or with the consent of the individuals. The public authorities should first aim for the processing of location data in an anonymous way (i.e. processing data aggregated in a way that it cannot be reversed to personal data). This could enable to generate reports on the concentration of mobile devices at a certain location (“cartography”).  

When it is not possible to only process anonymous data, Art. 15 of the ePrivacy Directive enables the member states to introduce legislative measures pursuing national security and public security *. This emergency legislation is possible under the condition that it constitutes a necessary, appropriate and proportionate measure within a democratic society. If such measures are introduced, a Member State is obliged to put in place adequate safeguards, such as granting individuals the right to judicial remedy….(More)”.

CARE Principles for Indigenous Data Governance


The Global Indigenous Data Alliance: “The current movement toward open data and open science does not fully engage with Indigenous Peoples rights and interests. Existing principles within the open data movement (e.g. FAIR: findable, accessible, interoperable, reusable) primarily focus on characteristics of data that will facilitate increased data sharing among entities while ignoring power differentials and historical contexts. The emphasis on greater data sharing alone creates a tension for Indigenous Peoples who are also asserting greater control over the application and use of Indigenous data and Indigenous Knowledge for collective benefit.

This includes the right to create value from Indigenous data in ways that are grounded in Indigenous worldviews and realise opportunities within the knowledge economy. The CARE Principles for Indigenous Data Governance are people and purpose-oriented, reflecting the crucial role of data in advancing Indigenous innovation and self-determination. These principles complement the existing FAIR principles encouraging open and other data movements to consider both people and purpose in their advocacy and pursuits….(More)”.

Personal privacy matters during a pandemic — but less than it might at other times


Nicole Wetsman at the Verge: “…The balance between protecting individual privacy and collecting information that is critical to the public good changes over the course of a disease’s spread. The amount of data public health officials need to collect and disclose changes as well. Right now, the COVID-19 pandemic is accelerating, and there is still a lot doctors and scientists don’t know about the disease. Collecting detailed health information is, therefore, more useful and important. That could change as the outbreak progresses, Lee says.

For example, as the virus starts to circulate in the community, it might not be as important to know exactly where a sick person has been. If the virus is everywhere already, that information won’t have as much additional benefit to the community. “It depends a lot on the maturity of an epidemic,” she says.

Digital tracking information is ubiquitous today, and that can make data collection easier. In Singapore, where there’s extensive surveillance, publicly available data details where people with confirmed cases of COVID-19 are and have been. The Iranian government built an app for people to check their symptoms that also included a geo-tracking feature. When deciding to use those types of tools, Lee says, the same public health principles should still apply.

“Should a public health official know where a person has gone, should that be public information — it’s not different. It’s a lot easier to do that now, but it doesn’t make it any more right or less right,” she says. “Tracking where people go and who they interact with is something public health officials have been doing for centuries. It’s just easier with digital information.”

In addition, just because personal information about a person and their health is important to a public health official, it doesn’t mean that information is important for the general public. It’s why, despite questioning from reporters, public health officials only gave out a limited amount of information on the people who had the first few cases of COVID-19 in the US…

Health officials worry about the stigmatization of individuals or communities affected by diseases, which is why they aim to disclose only necessary information to the public. Anti-Asian racism in the US and other countries around the world spiked with the outbreak because the novel coronavirus originated in China. People who were on cruise ships with positive cases reported fielding angry phone calls from strangers when they returned home, and residents of New Rochelle, New York, which is the first containment zone in the US, said that they’re worried about their hometown being forever associated with the virus.

“This kind of group-level harm is concerning,” Lee says. “That’s why we worry about group identity privacy, as well. I’m nervous and sad to see that starting to poke its head out.”

People can’t expect the same level of personal health privacy during public health emergencies involving infectious diseases as they can in other elements of their health. But the actions public health officials can take, like collecting information, aren’t designed to limit privacy, Fairchild says. “It’s to protect the broader population. The principle we embrace is the principle of reciprocity. We recognize that our liberty is limited, but we are doing that for others.”…(More)”.

COVID-19 response and data protection law in the EU and US


Article by Cathy Cosgrove: “Managing the COVID-19 outbreak and stopping its spread is now a global challenge. In addition to the significant health and medical responses underway around the world, governments and public health officials are focused on how to monitor, understand and prevent the spread of the virus. Data protection and privacy laws, including the EU General Data Protection Regulation and various U.S. laws, are informing these responses.

One major response to limiting the spread of infection is contact tracing, which is the practice of identifying and monitoring anyone who may have come into contact with an infected person. Employers and educational institutions are also imposing travel restrictions, instituting self-quarantine policies, limiting visitors, and considering whether to require medical examinations. These responses necessarily involve obtaining and potentially sharing personal information, including data about an individual’s health, travel, personal contacts, and employment. For example, in the U.S., the Centers for Disease Control and Prevention has asked airlines for the name, date of birth, address, phone number and email address for passengers on certain flights. 

As IAPP Editorial Director Jedidiah Bracy, CIPP, explored in his piece on balancing personal privacy with public interest last week, this collection and processing of personal data is creating substantial discussion about what data protection limitations may be required or appropriate. Even China — which is using AI and big data to manage the outbreak — has issued guidance recognizing the need to limit the collection of data and its use during this public health crisis….(More)”.

Is Your Data Being Collected? These Signs Will Tell You Where


Flavie Halais at Wired: “Alphabet’s Sidewalk Labs is testing icons that provide “digital transparency” when information is collected in public spaces….

As cities incorporate digital technologies into their landscapes, they face the challenge of informing people of the many sensors, cameras, and other smart technologies that surround them. Few people have the patience to read through the lengthy privacy notice on a website or smartphone app. So how can a city let them know how they’re being monitored?

Sidewalk Labs, the Google sister company that applies technology to urban problems, is taking a shot. Through a project called Digital Transparency in the Public Realm, or DTPR, the company is demonstrating a set of icons, to be displayed in public spaces, that shows where and what kinds of data are being collected. The icons are being tested as part Sidewalk Labs’ flagship project in Toronto, where it plans to redevelop a 12-acre stretch of the city’s waterfront. The signs would be displayed at each location where data would be collected—streets, parks, businesses, and courtyards.

Data collection is a core feature of the project, called Sidewalk Toronto, and the source of much of the controversy surrounding it. In 2017, Waterfront Toronto, the organization in charge of administering the redevelopment of the city’s eastern waterfront, awarded Sidewalk Labs the contract to develop the waterfront site. The project has ambitious goals: It says it could create 44,000 direct jobs by 2040 and has the potential to be the largest “climate-positive” community—removing more CO2 from the atmosphere than it produces—in North America. It will make use of new urban technology like modular street pavers and underground freight delivery. Sensors, cameras, and Wi-Fi hotspots will monitor and control traffic flows, building temperature, and crosswalk signals.

All that monitoring raises inevitable concerns about privacy, which Sidewalk aims to address—at least partly—by posting signs in the places where data is being collected.

The signs display a set of icons in the form of stackable hexagons, derived in part from a set of design rules developed by Google in 2014. Some describe the purpose for collecting the data (mobility, energy efficiency, or waste management, for example). Others refer to the type of data that’s collected, such as photos, air quality, or sound. When the data is identifiable, meaning it can be associated with a person, the hexagon is yellow. When the information is stripped of personal identifiers, the hexagon is blue…(More)”.

Eurobarometer survey shows support for sustainability and data sharing


Press Release: “Europeans want their digital devices to be easier to repair or recycle and are willing to share their personal information to improve public services, as a special Eurobarometer survey shows. The survey, released today, measured attitudes towards the impact of digitalisation on daily lives of Europeans in 27 EU Member States and the United Kingdom. It covers several different areas including digitalisation and the environment, sharing personal information, disinformation, digital skills and the use of digital ID….

Overall, 59% of respondents would be willing to share some of their personal information securely to improve public services. In particular, most respondents are willing to share their data to improve medical research and care (42%), to improve the response to crisis (31%) or to improve public transport and reduce air pollution (26%).

An overwhelming majority of respondents who use their social media accounts to log in to other online services (74%) want to know how their data is used. A large majority would consider it useful to have a secure single digital ID that could serve for all online services and give them control over the use of their data….

In addition to the Special Eurobarometer report, the last iteration of the Standard Eurobarometer conducted in November 2019 also tested public perceptions related to Artificial Intelligence. The findings also published in a separate report today.

Around half of the respondents (51%) said that public policy intervention is needed to ensure ethical applications. Half of the respondents (50%) mention the healthcare sector as the area where AI could be most beneficial. A strong majority (80%) of the respondents think that they should be informed when a digital service or mobile application uses AI in various situations….(More)”.

Accelerating AI with synthetic data


Essay by Khaled El Emam: “The application of artificial intelligence and machine learning to solve today’s problems requires access to large amounts of data. One of the key obstacles faced by analysts is access to this data (for example, these issues were reflected in reports from the General Accountability Office and the McKinsey Institute).

Synthetic data can help solve this data problem in a privacy preserving manner.

What is synthetic data ?

Data synthesis is an emerging privacy-enhancing technology that can enable access to realistic data, which is information that may be synthetic, but has the properties of an original dataset. It also simultaneously ensures that such information can be used and disclosed with reduced obligations under contemporary privacy statutes. Synthetic data retains the statistical properties of the original data. Therefore, there are an increasing number of use cases where it would serve as a proxy for real data.

Synthetic data is created by taking an original (real) dataset and then building a model to characterize the distributions and relationships in that data — this is called the “synthesizer.” The synthesizer is typically an artificial neural network or other machine learning technique that learns these (original) data characteristics. Once that model is created, it can be used to generate synthetic data. The data is generated from the model and does not have a 1:1 mapping to real data, meaning that the likelihood of mapping the synthetic records to real individuals would be very small — it is not considered personal information.

Many different types of data can be synthesized, including images, video, audio, text and structured data. The main focus in this article is on the synthesis of structured data.

Even though data can be generated in this manner, that does not mean it cannot be personal information. If the synthesizer is overfit to real data, then the generated data will replicate the original real data. Therefore, the synthesizer has to be constructed in a manner to avoid such overfitting. A formal privacy assurance should also be performed on the synthesized data to validate that there is a weak mapping between synthetic records to individuals….(More)”.

We All Wear Tinfoil Hats Now


Article by Geoff Shullenberger on “How fears of mind control went from paranoid delusion to conventional wisdom”: “In early 2017, after the double shock of Brexit and the election of Donald Trump, the British data-mining firm Cambridge Analytica gained sudden notoriety. The previously little-known company, reporters claimed, had used behavioral influencing techniques to turn out social media users to vote in both elections. By its own account, Cambridge Analytica had worked with both campaigns to produce customized propaganda for targeting individuals on Facebook likely to be swept up in the tide of anti-immigrant populism. Its methods, some news sources suggested, might have sent enough previously disengaged voters to the polls to have tipped the scales in favor of the surprise victors. To a certain segment of the public, this story seemed to answer the question raised by both upsets: How was it possible that the seemingly solid establishment consensus had been rejected? What’s more, the explanation confirmed everything that seemed creepy about the Internet, evoking a sci-fi vision of social media users turned into an army of political zombies, mobilized through subliminal manipulation.

Cambridge Analytica’s violations of Facebook users’ privacy have made it an enduring symbol of the dark side of social media. However, the more dramatic claims about the extent of the company’s political impact collapse under closer scrutiny, mainly because its much-hyped “psychographic targeting” methods probably don’t work. As former Facebook product manager Antonio García Martínez noted in a 2018 Wired article, “the public, with no small help from the media sniffing a great story, is ready to believe in the supernatural powers of a mostly unproven targeting strategy,” but “most ad insiders express skepticism about Cambridge Analytica’s claims of having influenced the election, and stress the real-world difficulty of changing anyone’s mind about anything with mere Facebook ads, least of all deeply ingrained political views.” According to García, the entire affair merely confirms a well-established truth: “In the ads world, just because a product doesn’t work doesn’t mean you can’t sell it….(More)”.