{"id":11846,"date":"2019-11-04T16:16:01","date_gmt":"2019-11-04T21:16:01","guid":{"rendered":"https:\/\/abovethelaw.com\/?p=615089"},"modified":"2019-11-04T16:17:02","modified_gmt":"2019-11-04T21:17:02","slug":"why-iot-big-data-is-a-bigger-deal-for-privacy-than-you-think","status":"publish","type":"post","link":"https:\/\/abovethelaw.com\/legal-innovation-center\/2019\/11\/04\/why-iot-big-data-is-a-bigger-deal-for-privacy-than-you-think\/","title":{"rendered":"Why IoT & Big Data Is A Bigger Deal For Privacy Than You Think"},"content":{"rendered":"
\"\"

(Image via Getty)<\/p><\/div>\n

Like it or not, the internet is gaining access to every aspect of our lives. \u00a0You may have a smart thermostat in your house that \u201clearns\u201d when you are home so that the temperature in your home can be adjusted when you are away. \u00a0Your home may also have a smart doorbell (and networked home security cameras) that will track not only visitors, but can track your comings and goings as well. Certain refrigerators now have cameras inside them that can take pictures of the inside to assist you in restocking your groceries. \u00a0You may be wearing a fitness watch that is tracking not only your steps, heartbeat, and exercise, but your sleep patterns and even diet (should you opt to enter and track such information). \u00a0You get the point — more and more data is being collected about you than you may admit, but it is the potential compilation <\/em>of this information and its use that is a bigger deal than you may think.<\/p>\n

Let\u2019s face it: Technology is growing at an exponential rate and the \u201cinternet of things\u201d is no exception. The Merriam-Webster online dictionary defines \u201cInternet of Things<\/a>\u201d as “the networking capability that allows information to be sent to and received from objects and devices (such as fixtures and kitchen appliances) using the Internet.\u201d \u00a0As I have written previously<\/a>, more and more elements of this technology have their eyes, ears, and digital fingers on every part of our everyday lives. \u00a0Although the technology can add value and may, in many cases, make our lives a little easier in the process, the cost to personal privacy cannot be underestimated.<\/p>\n

First, let\u2019s address the most obvious point: Each of these devices is collecting data —\u00a0your<\/em>\u00a0data. \u00a0That is, data about<\/em>\u00a0you that you have permitted the device to gather and use according to the privacy policy and the terms of use for the device. \u00a0 For example, the FitBit Privacy Policy<\/a> not only addresses what they collect about you from their wearable device, but how<\/em>\u00a0that information is used and shared, which may include sharing your data with third-party applications and even your employer (for employer wellness programs with which you participate). \u00a0This is indicative of most every such device that you may be using at home or on your person. \u00a0Think such third-party application sharing is not a big deal? \u00a0Think again. Facebook collects at least 98 different data points about its users, and as the Cambridge Analytica scandal of 2018<\/a> demonstrated, such data can be used in ways not<\/em>\u00a0necessarily agreed to by its users.<\/p>\n

Although troubling, at least there is a level of control afforded the user regarding what<\/em>\u00a0data is collected and how<\/em>\u00a0it is stored and used for each type of device. \u00a0The bigger issue, however, is the bigger picture presented by all<\/em>\u00a0of this data. \u00a0Much of this data, while collected at the device-level, is actually saved to the \u201ccloud\u201d — a network of computers used by the device company to store such data. \u00a0This is where things start getting dicey. \u00a0For example, take the Amazon Echo speaker. \u00a0This device incorporates a virtual assistant, Alexa,<\/a> that according to Amazon is its “cloud-based voice service available on more than 100 million devices from Amazon and third-party device manufacturers [with which] you can build natural voice experiences that offer customers a more intuitive way to interact with the technology they use every day.\u201d \u00a0 The problem is that not only does Alexa \u201clisten\u201d to what you ask (and potentially what you are doing), but apparently so are thousands of Amazon employees and contractors to ostensibly improve Alexa\u2019s speech recognition and contextual understanding — they are listening to audio clips that cover not only the mundane, but potentially criminal activity according to one CNN report<\/a>. \u00a0You can opt out of such use of your recordings by Amazon; however, history has shown that this may not prevent unauthorized use (e.g., Cambridge Analytica).<\/p>\n

This leads us to the biggest issue presented by such data in the \u201ccloud\u201d — the eventual analytics involving such information and compilation of all<\/em>\u00a0your collected data by third parties. \u00a0Think about it: A compilation of your location data from all<\/em>\u00a0the IoT devices that you use that can be compiled into a digital representation of you and your daily routine and needs — compiled data that would be digital gold to everyone from advertisers and insurers to hackers. \u00a0Your smartphone, combined with your smartwatch data and smart refrigerator providing a glimpse of not only how<\/em>\u00a0you eat, but what<\/em>\u00a0you eat and where<\/em>\u00a0you get it. \u00a0Make no mistake, this is already happening. \u00a0Unfortunately, the nature of consent in privacy policies does not generally prohibit third-party compilation of data, depriving the individual of control over their data. \u00a0Further, there is very little that the law addresses in this context in the United States. \u00a0Although the U.S. seems to be moving in the direction of the EU’s GDPR<\/a>\u00a0(as evidenced by\u00a0California\u2019s\u00a0CCPA<\/a>\u00a0and other state laws following suit), the patchwork of state laws is simply not enough.<\/p>\n

All of the foregoing leads me to reiterate the need for meaningful federal privacy legislation in the U.S. \u00a0Let\u2019s just hope that somehow Congress and business can resolve this dilemma in a way that is a win for personal data privacy. Given the current political climate, however, there seems to be little hope of progress on that front anytime soon. \u00a0In the interim, an inadequate patchwork of state laws will be all we have to remain reactive to the ongoing march of technology. \u00a0Make no mistake, a Pandora\u2019s Box for privacy has been opened by these technological advancements, and it simply cannot be closed again. \u00a0Let\u2019s just hope we can keep the lid from flying off in the process.<\/p>\n

\n

\"\"Tom Kulik is an Intellectual Property & Information Technology Partner at the Dallas-based law firm of\u00a0Scheef & Stone, LLP<\/a>. In private practice for over 20 years, Tom is a sought-after technology lawyer who uses his industry experience as a former computer systems engineer to creatively counsel and help his clients navigate the complexities of law and technology in their business. News outlets reach out to Tom for his insight, and he has been quoted by national media organizations. Get in touch with Tom on Twitter (@LegalIntangibls<\/a>) or Facebook (www.facebook.com\/technologylawyer<\/a>), or contact him directly at\u00a0tom.kulik@solidcounsel.com<\/a>.<\/em><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

A Pandora\u2019s Box for privacy has been opened by these technological advancements, and it simply cannot be closed again.<\/p>\n","protected":false},"author":57534,"featured_media":495810,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[11],"tags":[215,6716,79,7,240],"class_list":["post-11846","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-technology","tag-big-data","tag-internet-of-things-iot","tag-privacy","tag-technology","tag-tom-kulik"],"acf":[],"yoast_head":"\nWhy IoT & Big Data Is A Bigger Deal For Privacy Than You Think - Above The Law's Legal Tech Non-Event<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/abovethelaw.com\/legal-innovation-center\/2019\/11\/04\/why-iot-big-data-is-a-bigger-deal-for-privacy-than-you-think\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Why IoT & Big Data Is A Bigger Deal For Privacy Than You Think - 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