Premom, a fertility tracking app that allows users to follow their ovulation, menstrual cycles, and other health information, has been accused of violating users’ privacy rights by sharing their personal data without their consent. The company has been fined $200,000 by the Federal Trade Commission (FTC) for sharing detailed health and location information with third-party companies, including Google and marketing firm AppsFlyer, since 2018.
In its investigation, the FTC found that Premom shared sensitive and personal information about users, including details on their sexual and reproductive health, pregnancy status, and physical health conditions. The app also shared users’ location data along with unique advertising and device identifiers, which could have been used to track individuals on other applications and the internet.
The company’s actions were deemed a breach of the privacy policy it had promised its users and the Health Breach Notification Rule. Premom failed to disclose information sharing to users and neglected to limit third-party companies’ usage of the data collected from app users. The company was also found to have shared sensitive information with two Chinese companies, Jiguang and Umeng.
Under the terms of the settlement agreement, Premom must pay a $100,000 civil penalty under the Health Breach Notification Rule and another $100,000 to Connecticut, the District of Columbia, and Oregon for violating state laws. It also prohibits the company from sharing health data for advertising purposes and demands the deletion of all user data shared with third parties. The agreement also requires the company to obtain explicit user consent before sharing personal health information henceforth.
Moreover, Easy Healthcare, the owner of the Premom app, was disqualified from sharing personal health data in the future. The company stated that the settlement was intended to avoid the expense and time of litigation. However, the company was allowed to settle without admitting any wrongdoing despite being accused of violating its privacy policies.
The case has raised concerns about the data safety of fertility and ovulation apps, following the recent repeal of the Roe v. Wade legislation, which guaranteed access to safe abortion across the United States. The case is one of several in recent years brought by the FTC on concerns of consumer data privacy in the healthcare industry.
In conclusion, the case of Premom incidates the critical step of healthcare providers in ensuring appropriate data sharing practices that put the privacy of their clients first. Premom’s violation of user privacy rights showcases the need for more secure and regulated health applications in the market. The settlement helps to maintain users’ trust by setting the expectation that similar privacy violations will not be tolerated.
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