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Period tracking app refuses to disclose data to American authorities (www.newsweek.com)

submitted 3 days ago by lemmee_in@lemm.ee to c/privacy@programming.dev

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[–] Duamerthrax@lemmy.world 41 points 3 days ago* (last edited 3 days ago) (1 children)

~~That's nice, but why does that data need to be on their servers in the first place?~~

Ok, so apparently they don't store the data by default. Guessing they could if the user wants it backed up or synced across devices.

[–] Cosmonaut_Collin@lemmy.world 21 points 3 days ago (1 children)

I imagine they collect data to improve their algorithm so it can more accurately predict a woman's cycle. Quite a few women use these apps as an alternative birth control, so knowing the specific days where they need to avoid sex is helpful.

[–] Duamerthrax@lemmy.world 13 points 3 days ago (1 children)

Normally, I'd install the app to find out, but I can't really install any more apps on my phone. And oh man, do I never like seeing the phrase "collect data to improve [their] algorithm".

[–] Droggelbecher@lemmy.world 15 points 3 days ago (1 children)

In general, medical predictions are a very good example of using AI to benefit humanity, not just shareholders. It's still scary if it's done by a private company.

[–] Duamerthrax@lemmy.world 3 points 3 days ago (1 children)

It's a German company, so I have no idea if they have an equivalent to HIPAA(USA) or if a private company would even have to comply with it.

[–] far_university190 4 points 3 days ago (1 children)

health data in all of eu regulated by gdpr. but did not find reference quick (lost link). but special protection on health data, hipaa is joke compared.

on other hand, all data you tell your doctor confidential (Arztschweigepflicht). legally even police or judge cannot ask for what you talk about.

[–] Duamerthrax@lemmy.world 1 points 3 days ago (1 children)

Does this company fall under those rules? Even if the person isn't a citizen of Germany?

[–] far_university190 5 points 2 days ago

https://commission.europa.eu/law/law-topic/data-protection/reform/rules-business-and-organisations/application-regulation/who-does-data-protection-law-apply_en

The GDPR applies to:

a company or entity which processes personal data as part of the activities of one of its branches established in the EU, regardless of where the data is processed; or

a company established outside the EU and is offering goods/services (paid or for free) or is monitoring the behaviour of individuals in the EU.

company definitely fit 1.

https://insight.thomsonreuters.com/mena/legal/posts/gdpr-breaking-down-the-general-data-protection-regulation

Does GDPR apply to non-EU citizens?

Yes, it applies to non-EU citizens under certain circumstances. The regulation is designed to protect the personal data of individuals within the EU, but its scope extends beyond EU borders. It applies to any organisation, anywhere in the world, that processes the personal data of individuals in the EU. This includes non-EU citizens who are in the EU at the time of data collection.

only location important for gdpr. but honest, bet they process all data the same. no idea if legally different, not lawyer.

if mean Artzschweigepflicht, that specific between you and doctor. was example for health data taken serious in germany.