Technology verse Privacy

by Scott M. Lewis

The great debate that is starting to really heat up in the press and in the legal community is around how technology and privacy come into conflict. How do you protect against far-reaching technology that could be invading your privacy with, or without, your knowledge? One of the biggest issues is that our legal system simply can’t keep up with the innovation and the pace of technology. So, for the foreseeable future the burden of protecting you, is going to remain with you. The reality is this is becoming a bigger challenge due to the rapid growth of online applications. More and more companies are using web-based processes as their primary interface with their customers. On the social media front, it is definitely something you should control and understand. There are risks of oversharing and not protecting general information like names, work places and birthdates just as starters. Privacy and technology. This debate is going to affect the way you use the Internet in both your personal life and business life. So understanding the risks and the rewards is going to affect your life.

Let’s put some perspective around what we are really talking about and the scope of this issue. Understand this goes beyond smart phones and social media. It is about big data and how it is collected and used by companies and governments around the world. One area that is being discussed - there is actually legislation in congress right now - is the searching and, in some cases, cloning of smart phones at the border by customs agents and border patrols. I’m not looking at this from an immigration perspective but from a privacy perspective. So is there an assumption of privacy that people have or should have when using their Smart Phones? The legislation that is in committee right now is the “Protecting Data at the Border Act”. This would make it illegal to search or confiscate smart devices at the border without a warrant.

Another part of the debate where technology and privacy clash is around facial recognition software. It is being used by governments around the world including the United States in order to track the movement of civilians. In July of 2018, Microsoft called for federal action. They are committed to addressing the civil rights threats outlined by the ACLU, which they feel are created from the use of this technology by governments. However, both Microsoft and Amazon, who sell this technology to law enforcement, have seen an increase in both public and congressional pressures to stop selling facial recognition software to governments and law enforcement until a full debate on how the technology can be used is completed.

These are just two examples around the debate of technology verses privacy. An example closer to home could be the case of a 19-year-old Nottingham Trent University law student. He is now facing a jail term for convincing a 15-year-old girl to send him nude pictures. The case is wrapped around the use of Snapchat, which is supposed to delete pictures after a certain time period. However, with deletion technology, another technology called seek technology is designed to capture and save those images. The debate in this case revolves around the 19-year-old blackmailing her. Not concerning the issue of privacy, but because she voluntarily sent the pictures. This case again opens the debate of privacy and technology and where laws in most countries can’t keep up with the ever-changing pace of innovation.

In 2018 California passed some of the most restrictive online privacy laws. They will go into effect in 2020. This legislation is not as restrictive as the EU’s General Data Protection Act (GDPR) but it does restrict how tech companies collect, store and use personal data. This legislation is really geared toward tech companies and what they are doing with the mountains of data they are collecting. But what about other big data sources that are also affecting your privacy? Some examples are smart cars, which track and report back to the automotive and insurance companies where you are. Where you have been. How fast you were driving. And other habitual or statistical information about your driving habits and your whereabouts. Then there are wearable and implantable devices that monitor your health. They can report back to your doctor if the technology determines there is a problem. So where do we draw the line between a right to privacy and technology advancements that we voluntarily sign up for? This is where the focus of many of the current legislative steps are right now: deciding how, even though the user is uploading the data, it can be used once it is uploaded. What are your rights regarding how that data is used, sold, monitored and returned to you if requested?

In 2012 the United State Government published a report called “Consumer Privacy Bill of Rights”. This report outlined what consumers should expect when it comes to how companies were going to manage all the data collected on individuals. The report outlined, that if made into law, the state of privacy and the framework in this report would place the United States in a strong position with regards to technology and privacy. However, in 2015 legislation by the same name was introduced and was immediately attacked from all sides. Some stating the regulations would put undo burden on them. While privacy advocates argued that it was not strong enough and had to many loopholes. The “Consumer Privacy Bill of Rights” never made it out of committee and was never voted on by congress.

Technology and privacy are going to continue to be a topic of debate for the foreseeable future. Technology is going to continue to advance. And legislation is going to continue to struggle to keep up. The one thing that is for sure is that it is your responsibility to manage your data and your privacy. Be aware of what you are doing and to whom you are providing data. You can’t get away from it. You’re out there already. If you volunteer more than you should, that could come back to get you.

Scott Lewis is the President and CEO of Winning Technologies Group of Companies which includes Liberty One Software. Scott has more than 30 years of experience in the technology industry and is a nationally recognized speaker and author on technology subjects. Scott has worked with large and small business to empower them to use technology to improve work processes, increase productivity, and reduce costs. Scott has designed thousands of systems for large, medium and small companies and Winning Technologies goal is to work with companies on the selection, implementation, management and support of technology resources. Learn more about Winning Technologies at www.winningtech.com or call 877-379-8279.