Health apps can change their terms of service without users’ knowledge
0Reported today on The Verge
For the full article visit: https://www.theverge.com/2020/2/21/21146097/health-apps-terms-of-service-change-privacy
Reported today in The Verge.
Health apps can change their terms of service without users' knowledge
When someone downloads a new application, one of the first steps is usually agreeing to the terms of service of that app. That (usually mindless) sign-off creates a contract between the app company and the user. Usually, contracts happen when two parties sit down and agree on terms. But for consumer products like apps, companies are in control.
That's even true for health apps, which collect sensitive and personal information on their users. These apps collect health data, but often, they are not governed by HIPAA, the law that says health care providers have to keep health information private. Companies developing health apps can unilaterally decide to change their terms of service and might only post the changes to their website or let their customers know about the changes via email - without giving them a chance to agree to the new terms. That means someone might sign up when a company promises a certain level of privacy, but that policy could change after they've already provided months' worth of data.
It concerns Jessica Roberts, director of the Health Law and Policy Institute at the University of Houston, and Jim Hawkins, law professor at the University of Houston. "I think people generally have no idea they might agree to one set of terms, and it could change to another set," Hawkins says. Roberts and Hawkins recently wrote an op-ed in the journal Science encouraging Congress to require companies to allow people to opt in (or out) of major changes to terms of service on health apps. The Verge spoke to Roberts and Hawkins about their proposal and why they think things need to change.
This interview has been lightly edited for clarity.
Terms of service are long and