April 26, 2024

Your Money Adviser: Free Apps for Nearly Every Health Problem, but What About Privacy?

But beware.

Health apps can provide information and motivation to help you manage your well-being, and they’re easy to use and often free. But they may not have protecting your privacy as a priority.

Health apps collect all sorts of personal information, like your name, e-mail address, age, height and weight. Others get even more detailed, depending on the focus of the app; fertility apps, for instance, allow you to enter details of your menstrual cycle, and exercise apps allow you to post the route of your daily jog.

Yet, an analysis of 43 popular wellness apps by the nonprofit Privacy Rights Clearinghouse found that many apps connect to advertising and data analysis sites without the user’s knowledge. And, they often transmit unencrypted information over insecure network connections — possibly including your medical and pharmaceutical search terms, like those for sexually transmitted diseases or antipsychotic drugs. That’s the computer equivalent of sending a postcard, rather than a letter — it’s easy for others on a network to read what’s being transmitted, said Craig Michael Lie Njie, a consultant who did the technical analysis for the report.

For the analysis, financed by the California Consumer Protection Foundation, the clearinghouse used apps available on the iTunes App Store, for iOS devices, and Google Play for Android phones and tablets. (The report didn’t identify the apps, saying its goal is to educate consumers and app developers.)

The report concluded that health apps posed “considerable” privacy risks for consumers, and users shouldn’t assume any of their data on a mobile app was private. Only 13 percent of free apps, and 10 percent of paid apps, encrypted all data connections between the app and the developer’s Web site. Many apps don’t have privacy policies, and those that do don’t always adequately describe the potential risks. More than a quarter of the free apps, and 40 percent of the paid apps, had no privacy policy at all.

Robin Thurston, chief executive of MapMyFitness, which offers a group of exercise sites and apps including the popular MapMyRun, said his company had developed a detailed privacy policy explaining how user information was used. It also includes a link for users who want to opt out of certain kind of ads. “Our apps are not passing any individual health information to any third-party services,” he said. “I can tell you we are not doing that with people’s information.”

He advised consumers to consider the credibility of the health apps they choose. Better-known brands and developers with a track record — in which he includes MapMyFitness — have more resources to spend on comprehensive data security, whereas smaller or offshore operations may be less reliable. With very small app developers, “You could be sending your data into someone’s home server to be stored,” he said. “I’m not sure consumers are aware of that.”

Mike Lee, chief executive of MyFitnessPal, which offers a free calorie counter app, said in an e-mailed statement: “Protecting our customers’ personal information is and always has been a top priority. For example, we work very hard to ensure that any data provided to us is transmitted and stored in a secure manner.” He said the company did not sell customers’ data or use it in any way without explicit permission.

Many apps encourage users to share information through social media sites like Facebook, to seek support for their weight loss or fitness goal. But you should be cautious about revealing details of your medical conditions, since once information is public you have little control over it.

“We’re not telling people not to use them,” Beth Givens, director of the Privacy Rights Clearinghouse, said of health apps. “But you should know what you’re getting into.”

Here are some questions to consider.

Are there any laws governing the use of health information I may share using an app?

Medical information that’s shared directly between you and your doctor or your hospital is covered by the privacy provisions of the Health Insurance Portability and Accountability Act, or Hipaa. But there’s little regulatory protection for health information shared over consumer apps, unless it’s a device prescribed or provided by your physician. In most cases, “You’re on your own with these commercially available apps,” said Joseph Lorenzo Hall, a senior staff technologist who works on health privacy issues at the Center for Democracy and Technology.

■ How can I be sure my information won’t be shared with marketing or advertising sites?

You should assume any information you impart using an app will be shared, Ms. Givens said. But you may get better protection by using paid apps, rather than free ones, because paid apps don’t rely solely on advertising revenue — and so are less likely to share information with outside firms that gather information to target their ads.

What can I do to protect myself?

Try to read an app’s privacy policy before using it. The policy should describe the app’s information-sharing practices, and may give instructions for opting out of some of them. If it’s not available within the app, it may be posted on the developer’s Web site. You can even try to contact the developer with questions.

Privacy policies, however, are mainly aimed at protecting app developers from lawsuits, rather than protecting the privacy of your information, said Mr. Lie Njie. He advises sharing only data that you wouldn’t mind becoming public.

Article source: http://www.nytimes.com/2013/09/12/your-money/free-apps-for-nearly-every-health-problem-but-what-about-privacy.html?partner=rss&emc=rss

F.C.C. Nominee Favors Competition Over Regulation

WASHINGTON — President Obama’s nominee to head the Federal Communications Commission told a Senate committee on Tuesday that his top priorities, if he is confirmed, would be consumer protection, increasing competition and providing sufficient predictability so companies know what rulings to expect.

The nominee, Tom Wheeler, told the Senate Commerce Committee that the F.C.C.’s support of competition was especially important given Americans’ heavy dependence on communications networks in education, public safety and consumer services.

He said that his experience as a telecommunications executive and as the leader of lobbying groups for the cable television and cellphone industries had convinced him that the agency needs to promote competition over regulation.

“Competition is a power unto itself that must be encouraged,” he said. “Competitive markets produce better outcomes than regulated or uncompetitive markets.”

Mr. Wheeler backed away, however, from his comments in 2011 on his blog. In the post, he said the F.C.C. might have expanded its authority over wireless companies if it had approved the merger of ATT and T-Mobile by imposing conditions that could later be applied to all wireless companies.

In response to questions, Mr. Wheeler said that any merger review must consider the facts before the commission and not deal with theoretical questions of the sort he raised in the blog post.

“In a hypothetical musing, it is possible to do that,” Mr. Wheeler said. But in a merger review, he added, “I am guided by precedent, the statute and the facts before me.”

Most of the other questions posed to Mr. Wheeler were friendly, and several Republican senators expressed confidence that he would be confirmed by inviting him to visit their states once he took office.

Mr. Wheeler also said that his experience as a lobbyist would not prejudice him in regulating the industries he formerly championed. “I was an advocate for specific points of view, and I hope I was a pretty good advocate,” Mr. Wheeler said. “If I am fortunate enough to be confirmed, my client will be the American public, and I hope I can be as effective an advocate for them as humanly possible.”

Nevertheless, Mr. Wheeler also said it was his experience in the wireless and cable industries — which, he acknowledged, are much changed today from when he worked for them — rather than as a regulator that provides his primary strengths.

As chief executive of what is now the National Cable and Telecommunications Association in the 1980s, “I fought against the F.C.C.’s rules limiting cable’s ability to compete with new video services,” Mr. Wheeler said. “I worked for the ability of competitors to bring services into the home.”

Similarly, Mr. Wheeler said that his tenure in the 1990s as head of the cellular phone trade group now known as CTIA-The Wireless Association, was one in which start-up and rapidly growing cellphone competitors were at the forefront of wholesale changes in communications.

“During my tenure, that competition was expanded by the auctions of 1994, wireless was increasingly used in place of wire line, and wireless data turned the phone into a pocket computer,” Mr. Wheeler said.

“All of these developments brought with them new policy challenges,” he added, challenges that are no smaller now as wireless becomes the primary method of broadband and voice communication for millions of Americans.

Mr. Wheeler also promised to look into the favorite topics of most of the lawmakers on the committee. Those topics include continuing the E-Rate program, which provides subsidies for broadband connections at schools and libraries; raising revenue from the spectrum incentive auctions to help finance a public service communications network; and figuring out how to address consumer frustration over disputes between broadcasters and cable providers that often leave cable subscribers with blackouts of certain channels.

Mr. Wheeler also addressed television decency standards, something that the F.C.C. has wrestled with for decades. He said the bully pulpit might have more influence than any regulations the agency could write.

“I do believe it is possible to call upon our better angels with some leadership,” Mr. Wheeler said. He recalled that the “vast wasteland” speech of Newton N. Minow, the former F.C.C. chairman, “caught people’s attention.” He added: “Maybe it’s time to do the same type of thing today.”

Article source: http://www.nytimes.com/2013/06/19/business/fcc-nominee-points-to-his-lobbying-experience.html?partner=rss&emc=rss

Dodd-Frank Backers Clash With Regulator

“I might have titled these remarks, ‘Beware of the Pendulum,’ ” he said. “To put it plainly, my view is that we are in danger of trying to squeeze too much risk and complexity out of banking.”

What made the speech unusual was that Mr. Walsh is a federal regulator. In fact, he is responsible for overseeing most of the nation’s large banks. And as the text of his remarks ricocheted across the electronic landscape of official Washington, it drew a furious reaction from advocates of increased regulation, who called on the White House to replace him.

The uproar brought into public view the increasingly contentious relationship between the authors and supporters of the Dodd-Frank Act, the law passed last year to overhaul financial regulation, and Mr. Walsh, the acting comptroller of the currency, a crucial player in the work of translating the law into practice.

His agency is seeking to soften a wide range of provisions, in areas ranging from the bread-and-butter of consumer protection to the esoteric details of how much money banks can borrow. Democrats and consumer advocates are particularly infuriated because Mr. Walsh, who stepped in as acting director in August, could be replaced by the White House at any time.

“The O.C.C. is acting as if there was never a financial crisis,” said Dennis Kelleher, president of Better Markets, a nonprofit group that advocates for increased regulation of the financial industry. “It’s just an utterly indefensible abdication of its responsibility to the American people.”

Mr. Walsh said in a recent interview that he was bewildered by the anger of his critics. He said that the financial crisis revealed clear problems that his agency was working to fix, but that it wanted to protect at the same time the viability and vigor of the banking industry. The disputes with other parts of the government are not questions of which way to go, but how far.

“I think we’re in a moment in time where if you say anything that suggests you see merit in an argument that is supported by bankers, that you’re somehow selling out your public office or something,” Mr. Walsh said. “And I just don’t agree with that.”

Mr. Walsh, who joined the agency in 2005 and served as chief of staff, took over in August when John Dugan, a Bush appointee, completed his five-year term. Almost a year later, his office in Southwest Washington remains lightly decorated; the distinctive feature is a looking glass pointed toward the Capitol.

Last month, the president nominated Thomas J. Curry, a member of the board of the Federal Deposit Insurance Corporation, to head the agency. He will appear Tuesday before the Senate Banking Committee, but there is no assurance that Republicans will permit a vote.

The most visible battle concerns the agency’s power to exempt banks chartered by the federal government — a category that includes most large banks — from compliance with a hodge-podge of state banking laws.

The Dodd-Frank Act includes language meant to limit this power and to require a review of past exemptions. Earlier this year, however, the agency said the law did not compel any change in its policies. The Treasury Department protested that that ignored the law’s plain meaning. But on Wednesday, the comptroller’s office said that it stood by all of its previous decisions.

The stand is strongly supported by the banking industry, and by many members of Congress, who argue that the efficiency of a single rulebook is fair and results in lower prices for customers.

Advocates of state regulation, however, are girding for a court battle.

“It’s really hard for me to think how much clearer Congress could have been,” said Arthur E. Wilmarth Jr., a professor of financial law at George Washington University. He said the agency was behaving like Lewis Carroll’s Humpty Dumpty, who memorably declared, “When I use a word it means just what I choose it to mean — neither more nor less.”

The agency also faces criticism over continuing revelations that banks under its supervision have routinely failed to follow the legalities of the foreclosure process. When it announced that it would require banks to conduct comprehensive reviews, and to pay compensation for any problems that were found, critics questioned its competence and sincerity.

“Banks will face penalties,” Mr. Walsh said. ”To do this right will take some time. But if the process is going to be credible and people are going to be able to believe that we can deal with it fairly, we’re going to have to take the time to do the work right.”

In the meantime, the agency is juggling 85 projects dictated by Dodd-Frank. And its greatest impact is likely to unfold far from public view, in the closed-door meetings and long, dense legal opinions where regulations are built and tuned.

In one typical example, the agency is pressing other regulators to accept an inclusive definition of the word “customer.” The Volcker Rule, written into the Dodd-Frank law to limit banks from pursuing their own investments, allows banks to create hedge funds and private equity funds so long as they are quickly marketed and sold to customers. The authors and proponents of the rule want regulators to define the term as narrowly as possible, limiting the opportunity for banks to create products and then identify a willing buyer after the fact. The comptroller’s office, however, has suggested using the expansive definition of a customer found in the Patriot Act.

The agency’s positions reflect its view that banks should be permitted to engage in a broad range of activities, for their own health and for the benefit of the broader economy. Over the years, the agency gradually eased restrictions to allow the rise of behemoths like JPMorgan Chase and Bank of America, and now it is defending those expansive boundaries.

Mr. Walsh said his greatest concern was for the unintended consequences of imposing so many new rules so quickly, which he compared to the danger of mixing medications.

“I’m arguing that erring on the side of caution is to be cautious about how far we go,” he said. “And for a lot of other people erring on the side of caution is, ‘The more armor plate we put on these ships the better, because we never want them to sink again.’ ”

Article source: http://feeds.nytimes.com/click.phdo?i=a28fa746ba860908492104f3e2fbe5e4