Bonum Certa Men Certa

Terms of Service (TOS) Under Scrutiny - Part VIII - Medical Surveillance Growing in the Amazon

posted by Roy Schestowitz on Aug 31, 2024

A large tree is growing our the engine compartment of an old abandoned yellow car, in an Oklahoma country field.

IN the last part (Terms of Service (TOS) Under Scrutiny - Part VII - Pharmacies in the Age of "Online" and "App" and "Gimme Dat!") we started discussing pharmacies and medication/s. Most people don't buy medication/s, even "over-the-shelf" items, by literally taking them off the shelf and paying cash. This means that shops and clinics have more or less the same data and sometimes shops have more data than one's medical records. That's a problem.

There are some issues to consider when adopting GAFAM (or similar, there are typically "local" equivalents in each large nation). Let's talk about this. We'll be doing the same in the next 2 parts and more examples will be given next month with view on TOS loopholes.

Curiously enough, or perhaps by sheer coincidence, this story was shared by someone in IRC yesterday. It culls some of the surveillance of Vox and relays:

As far as I know, Amazon can. HIPAA, the federal law that protects health privacy, is narrower than most people think. It only applies to health care providers, insurers, and companies that manage medical records. HIPAA requires those entities to protect your data as it moves between them, but it wouldn’t apply to your Amazon purchases, according to Suzanne Bernstein, a legal fellow at the Electronic Privacy Information Center (EPIC).

“That background is especially important, as Amazon and other companies continue to collect, process, and use tremendous amounts of consumer health data that falls outside of HIPAA scope,” Bernstein said. “And it’s not the fault of American consumers for not necessarily knowing all that.”

In the absence of any federal protections, some states have passed their own data privacy laws. While California is perhaps most famous for giving its citizens more control over their data, Washington state changed the conversation around health data privacy when it enacted its My Health My Data Act last year. This law defines consumer health data much more broadly, Bernstein explained, so that any information about a consumer’s past, present, or future health conditions is covered. That might mean that Washington residents have the right to some privacy when their Amazon purchases indicate a health condition. It’s so far unclear how the law might apply to Amazon, which is based in Washington.

The original is full of trackers and looks like this:

The retail giant now uses your grocery purchases to recommend prescription drugs.

The issue of US pharmacies in the "digital" age was discussed yesterday in IRC. Some Americans bring up spying fridges - apparently the subject of growing scorn, even in the US media. We'll be talking about that in the next two parts as well. That happens in pharmacies and equivalents. This should not be happening.

A recent presentation by a reader of ours covered the following issue:

Rite Aid banned from using face rec until January 2029

Effective 01/2024

Why? Rite aid implemented and deployed this face rec system with no reasonable safeguards.

"The Federal Trade Commission has reached a settlement with Rite Aid, banning the pharmacy chain from using facial recognition technology for the next five years, following charges that the company misused the biometric tech in hundreds of its stores."

From 2012-2020, Rite Aid used face recognition to identify shoplifting and other "problematic behavior". The system identified some visitors as shoplifters and subsequent following customers in the store, searching customers, calling police and accusing was deemp to be due to false identification "disproportionately impacted people of color".

Rite Aid received a 5 year sentence – started Jan 2024.

We'll have more in the next part, some time tomorrow or on Monday.

Rite Aid now banned from using facial recognition by FTC for next five years

Other Recent Techrights' Posts

Advocacy of Software Freedom Changed, LUGs Became Less Relevant
The way we see it, support groups like LUGs sort of outlived their usefulness when it became easier to install GNU/Linux
For the Second Time in a Few Weeks Microsoft Lunduke Makes False Accusations Against Senior Red Hat Staff to Incite a Despicable 'Troll Army'
Nothing that Microsoft Lunduke claims or says can be trusted
Compromised by NVIDIA Proprietary Library
Meanwhile in Boston there are "[r]oundtable talk with FSF volunteers (both in-person and online)"
How Software Patents Were Viewed or Their General Status Changed Over Time
A rough summary
 
Watch the FSF Party Live (via Livestream)
It's in WebM format, which is widely supported by now
When Microsoft "Integrates" Something With "AI" It Means It's Losing Money and Is Generally Hopeless
how did Bing fare after 36 months of LLM slop being hyped up as "replacement" for search?
Most Certificates Don't Improve Security, They Mostly Increase Downtime (for No Good Reason)
The 'Gemini sites' (capsules) are a growing force
The statCounter Site Has Data Integrity Problems
Maybe we'll get back to statCounter when its data becomes more "stable" again
10 Ways to Combat Software Patents
software patents are loathed also by proprietary software developers
"Just a Little Bit of Meat..."
Free software "absolutism" is not a radical stance, more so if the only "radical" belief the user possesses is that he or she must be in control of his or her software, and by extension his or her computer
Red Hat is Ignoring the Free Software Community, It's a "Fortune 1000" Vendor
Red Hat's blog also participates a lot in promoting of Wall Street's latest pump-and-dump "AI" scheme
Free Software Foundation Party Has Begun
We shall be focusing a lot on software patents today
Former Head of the Federal Trade Commission (FTC) Lina Khan Knows Whatever Microsoft Touches Will Die
Just like Skype (as recently as months ago) [...] When Microsoft grabs things, or when it buys things, it almost never ends well
Slopwatch: Fake Articles About LibreOffice in Austria and Wine 10.16
very short
Links 04/10/2025: "attempted Coup" Noted in Facebook, Russia Kills Journalists via Drones
Links for the day
Gemini Links 04/10/2025: Anesthesia and Baudpunk
Links for the day
Links 04/10/2025: "Privacy Harm Is Harm", Criticism Outlawed in US
Links for the day
Garmin Uses Linux for Some of the Garmin Products, Now It's Sued by Strava Using Software Patents
Software patents should never have been granted in the first place
Richard Stallman Will Give a Talk in Sweden in 6 Days
Dr. Stallman, despite his battle with cancer is still alive and mentally sharp
FSF Turns 40
We'll be focusing on patent-related topics this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 03, 2025
IRC logs for Friday, October 03, 2025
Gemini Links 04/10/2025: Distro Hopping and "Part Time"
Links for the day
We Are Turning 19 in One Month, FSF Turns 40 in 3 Hours (CET)
For our anniversary next month we still have no concrete plans
Patent Docs (or PatentDocs) Learned the Wrong Lessons From the Death of TypePad
Had they gone ahead with an SSG, they'd become a lot more future-proof
USPTO Patent Bubble Already Imploding, After Decades of Artificial Inflation, Entire Offices Close for Good
we can deduce that financial pressures (lack of "demand" for monopolies) play a role
TikTok is Not Harmless (Being CheeTok in the US Will Advance Orange Agenda)
Social control media isn't "fun and games"; it's a digital weapon that lets hostile groups or nations infiltrate others, then turn them against themselves
Andy Farnell and Helen Plews Explain What "Modern" Tech Does to Old People
Imposing terrible tech "religion" on people is not helping them
Tomorrow the Free Software Foundation (FSF) Turns 40 and Its Web Site is Still Slow Due to DDoS by LLM Slop Bots
For an advocacy group, uptime is important (for its message to remain accessible)
Slopwatch: Google News as a Firehose of LLM Slop About "Linux"
Google News is really bad
Datamation, Where I Used to Publish Articles, Appears to Have Been Sold to TechnologyAdvice Only to Become a Slopfarm
I'd prefer to not associate with that site anymore
Links 03/10/2025: "NPR’s Economics Lessons Come With Neoliberal Spin" and Canada Post at Risk
Links for the day
Gemini Links 03/10/2025: Panic Attacks and Food Adulteration
Links for the day
Links 03/10/2025: Lawyers Caught Using LLM Slop Explain Why They Did It, LibreSSL 4.1.1 and 4.0.1 Released
Links for the day
FSF Board Grew 50% Since Last Year, Has New President, Turns 40 in Two Days
It's a good move for the FSF and - by extension - for software freedom
Links 03/10/2025: Conflicts, Death of TypePad, and TikTok/CheeTok Gives a Boost to Far Right Groups in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 02, 2025
IRC logs for Thursday, October 02, 2025
Slopwatch: Linux Journal, Google News, and LinuxSecurity
They carry on polluting the Web with fake articles
Gemini Links 02/10/2025: Kubernetes With FreeBSD and robots.txt
Links for the day
Links 02/10/2025: 'Open' 'AI' Resorting to Gimmicks and Fake Funding, Europe’s ‘Drone Wall’ Discussed
Links for the day
Links 02/10/2025: Brave Passes 100M Users Milestone, Kodak Selling Its Own Film Again
Links for the day
Michael “Monty” Widenius: It Started in 1983 With Richard Stallman (RMS)
The other co-founder of MySQL is a bit notorious for confronting RMS rather viciously
su lisa && rm -rf /home/ibm/power
Novell was ruined by another person from IBM, Ronald Hovsepian
A Record Demand at Microsoft: Demand to Cancel
What we're witnessing is a very ungraceful destruction of XBox
Microsoft is Losing Europe
Hence all the "support" and "discount" offers that are limited to Europe
The Free Software Foundation Starts Fund-raising for 40th Anniversary
New pop-up 2-3 days ahead of the 40th anniversary event
Systemd Breaks Networking in Debian and Microsoft Staff Rushes to Make Face-Saving Excuses in LWN
Microsoft's bluca is already there in the comments, his Microsoft money pays for LWN to let him leave comments early
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 01, 2025
IRC logs for Wednesday, October 01, 2025
What the End of XBox Will Look Like: a Fiery Crash
XBox is the next Skype. It won't last much longer. Expect many more layoffs.
Richard Stallman is Going to Finland to Give a Talk Next Thursday
A day later he speaks in Sweden
Gemini Links 02/10/2025: SMTP Pipelining and End of ROOPHLOCH 2025
Links for the day