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The dominant privacy framework of the information age relies on notions of “notice and consent.” That is, service providers will disclose, often through privacy policies, their data collection practices, and users can then consent to their terms. However, it is unlikely that most users comprehend these disclosures, which is due in no small part to ambiguous, deceptive, and misleading statements. By comparing actual collection and sharing practices to disclosures in privacy policies, we demonstrate the scope of the problem. Through analysis of 68,051 apps from the Google Play Store, their corresponding privacy policies, and observed data transmissions, we investigated the potential misrepresentations of apps in the Designed For Families (DFF) program, inconsistencies in disclosures regarding third-party data sharing, as well as contradictory disclosures about secure data transmissions. We find that of the 8,030 DFF apps (i.e., apps directed at children), 9.1% claim that their apps are not directed at children, while 30.6% claim to have no knowledge that the received data comes from children. In addition, we observe that 10.5% of 68,051 apps share personal identifiers with third-party service providers, yet do not declare any in their privacy policies, and only 22.2% of the apps explicitly name third parties. This ultimately makes it not only difficult, but in most cases impossible, for users to establish where their personal data is being processed. Furthermore, we find that 9,424 apps do not use TLS when transmitting personal identifiers, yet 28.4% of these apps claim to take measures to secure data transfer. Ultimately, these divergences between disclosures and actual app behaviors illustrate the ridiculousness of the notice and consent framework.
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User-friendly yet rarely read: A case study on the redesign of an online HIPAA authorization
In this paper we describe the iterative evaluation and refinement of a consent flow for a chatbot being developed by a large U.S. health insurance company. This chatbot’s use of a cloud service provider triggers a requirement for users to agree to a HIPAA authorization. We highlight remote usability study and online survey findings indicating that simplifying the interface and language of the consent flow can improve the user experience and help users who read the content understand how their data may be used. However, we observe that most users in our studies, even those using our improved consent flows, missed important information in the authorization until we asked them to review it again. We also show that many people are overconfident about the privacy and security of healthcare data and that many people believe HIPAA protects in far more contexts than it actually does. Given that our redesigns following best practices did not produce many meaningful improvements in informed consent, we argue for the need for research on alternate approaches to health data disclosures such as standardized disclosures; methods borrowed from clinical research contexts such as multimedia formats, quizzes, and conversational approaches; and automated privacy assistants.
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- Award ID(s):
- 2150217
- PAR ID:
- 10392520
- Date Published:
- Journal Name:
- Proceedings on Privacy Enhancing Technologies
- Volume:
- 2022
- Issue:
- 3
- ISSN:
- 2299-0984
- Page Range / eLocation ID:
- 558 to 581
- Format(s):
- Medium: X
- Sponsoring Org:
- National Science Foundation
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- Free Publicly Accessible Full Text
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Accepted Manuscript1.0
- Journal Article:
- https://doi.org/10.56553/popets-2022-0086
