PrivacyPortfolio
Privacy Experiment #1: “Submitting Privacy Requests”
In our debut on Data
Privacy Day, PrivacyPortfolio presented the results of our first
Privacy Research Experiment:
what happens when consumers exercise their privacy rights?
Privacy
Experiment #2: Can we build a Data Broker Oracle to tell us which
companies should be registered with California Office of Attorney
General?
Identifying which
companies are acting as “Data Brokers” as defined by the CCPA and
California Assembly Bill 1202,
helps us determine
if those companies sold personal data.
Privacy Experiment #3: "Pandemic Privacy".
The goal of this experiment is to let the public decide:
Is the law being enforced?
How much do we care about alleged violations?
Did enforcement
actions compel changes in an organization's data privacy practices?
The California Attorney General does not disclose consumer complaints,
so I published four complaints I filed in my
Research catalog on data.world
.
Should consumers have a right to know who filed complaints?
Who are targets of these complaints? Which violations are alleged?
Were laws enforced?
Experiment #3: "Pandemic Privacy" Update
Almost one year
after filing my original complaint against OnwardCA,
I publish evidence
that Bitwise Industries, dba OnwardCA,
harvests emails for
their mailing list instead of providing notification of community
resources intended to help Californians during the pandemic.
The community
resources listed were sourced from other companies without the right to
do so,
and when I contacted
several organizations listed in OnwardCA,
all of them were
unaware of OnwardCA, and did not give permission to be listed on
OnwardCA's' website.
This proves that the
Attorney General did not enforce consumer protection laws in this case,
even when one
individual consumer establishes a pattern of a
"pervasive scam or
systematic violation of California law...(which) may become a matter of
public broad interest
and thus warrant
intervention by our office under California consumer protection laws".
Privacy Experiment #4: Pandemic Privacy: Villians To the Rescue!
How Alphabet-owned
companies, Google & Verily, use their “data platform” and “clinical
studies”
to bypass HIPAA
regulations and data broker legislation by partnering with California
Department of Public Health, Stanford University,
Quest Diagnostics,
Abbott Laboratories, and RiteAid to provide COVID-19 testing.
Privacy Experiment #5: Testing the CCPA
In PHASE ONE, I test
how consumers begin testing their rights under the CCPA,
and I also test and evaluate the enforcement performance by the
California Office of Attorney General.
On July 17, 2021, AG Rob Bonta published CCPA Enforcement Case Examples,
which I am using to
guide my decisions about filing formal consumer complaints.
Typically, I file
complaints against vendors who do not respond,
and vendors engaging
in fraudulent or highly unethical behavior.
In PHASE TWO, I test against Final Regulations of the CPRA-Amended CCPA.
Privacy Experiment #6: Testing Privacy Agents
The CCPA provides
legal mechanisms for consumers to authorize agents to represent them and
to act on their behalf.
How well do these
"privacy agents" assist consumers in exercising their digital rights,
and how do companies respond to these agents?
Privacy Experiment #7: Dear Vendor Campaign
Measure consumers' influence over their vendors' business practices,
using a variety of tactics.
Privacy Experiment #8: Zero-Trust Architecture for Authorized Agents
I'm an advocate for
consumers' right to be represented by authorized agents
because not everyone
has the capability, capacity, or resources to manage their personal
information.
For authorized
agents offering services to consumers, a Zero-Trust Architecture is
required.
Businesses must
trust agents so these agent can provide services to consumers.
Consumers must trust
agents who have access to the consumer's personal information.
Neither the
business, nor the the consumer can trust the agent completely:
both parties need a
"kill switch" capable of terminating the relationship
and removing or
revoking access to resources.
Privacy Experiment #9: Privacy Rights & Job Discrimination
According to
1798.125, "Consumer's Right to No Retaliation",
a job applicant
cannot be discriminated against for exercising their privacy rights.
This experiment
tests the responses from personal vendors of mine that I've applied to
for jobs,
AND also submitted
privacy requests to under the CCPA.
Proving
discrimination is very difficult, even in a court of law.
As the CCPA or CPRA
provides no right to civil action for discrimination / retaliation,
consumers depend
entirely on how enforcement authorities perform.
I currently conduct this test on registered and suspected data brokers to establish a first-party relationship with selected third parties as a prerequisite for submitting KNOW, CORRECT, and LIMIT requests.
Privacy Experiment #10: Regulating Health Information Exchanges
When healthcare
consumers request their patient medical records,
they are often
directed to a secure portal they believe is hosted by their healthcare
provider,
but in many cases
are the product of a Health Information Exchange (HIE),
which shares medical
information among other healthcare providers.
I tried to identify
every health information exchange in the United States to discover how
HIEs work,
and how legal
agreements and compliance mandates are enforced.
A 'new' law, "The 21st Century Cures Act",
is intended to
prevent Health Information Exchanges (HIE's) from blocking access
requests from patients.
Instead of a Data
Processing Agreement (or DPA), Health Information Exchange participants
use a Data Use Reciprocal Support Agreement (or DURSA).
Privacy Experiment #11: “Conducting Risk Assessments on the use of AI for Automated Decision-making”
As a second incarnation of Experiment #1, I use my right to ask 'Privacy Questions & Concerns' about my personal vendors' use of AI.
I conduct the risk assessments mandated by the California Privacy Protection Agency on behalf of my vendors who decline to submit one themselves.
Privacy Experiment #12: “Testing Data Brokers' Use of the 'Accessible Delete Mechanism'”
As a second incarnation of Experiment #2, I use my right under the California DELETE ACT to ask registered data brokers why they should pay to use the mandated 'Accessible Delete Mechanism' when $200 per day fines on data brokers who fail to register are not collected.
I test whether the 'Accessible Delete Mechanism works as intended and I document additional costs due to unfair competition from unregistered data brokers.
Federal Trade Commission (FTC)
FTC hosts PrivacyCon on July 27
PrivacyCon 2021 will
bring together a diverse group of stakeholders,
including researchers,
academics, industry representatives, consumer advocates, and government
regulators,
to discuss the latest
research and trends related to consumer privacy and data security.
PrivacyPortfolio submitted a presentation proposal to the FTC entitled:
"Crowdsourced Compliance Platforms Keep Enforcement Authorities Honest"
This presentation
proposes how consumers can assist enforcement authorities in their
investigations,
and provides greater
transparency in how privacy laws are enforced.