Secondary Use

Secondary Use is a form of INFORMATION PROCESSING privacy harm under the Solove taxonomy.

Secondary Use is defined as "using personal information for a purpose other than the purpose for which it was collected."

In the 1940's the U.S. Government used census data, collected originally for the purpose of apportioning congressional districts, to identify and intern those of Japanese descent during the war.

Occurrences

• "Cerebral's FTC Settlement: A Landmark Case on Consumer Privacy and Data Misuse in Telehealth" (2024)
• A Photo of a Woman Crying After Florida School Shooting (February 2018)
• AI now has the ability to identify passwords based on the sounds of the keys being pressed (8 August 2023)
• Access to Face Recognition Search of Moscow Cameras System Is For Sale (November 2020)
• AccuWeather App Stealing Location Data (August 2017)
• Amazon heavily fined for invasion of privacy and insecurity (1 June 2023)
• Amazon to pay over $30 million in FTC settlements over Ring, Alexa privacy violations (31 May 2023)
• Amazon’s Ring Security Camera (2020)
• Amazon’s ‘Just Walk Out’ Tech Is a Privacy Nightmare (2023)
• Apple Faces Lawsuit Over AirTag Stalking Dangers (6 December 2022)
• B.C. Canadian Tire stores broke privacy laws with facial ID technology (20 April 2023)
• BetterHelp under Fire : " FTC Alleges Privacy Violations and Misleading Practices in Online Counseling" (March 2023)
• Bluetooth Low Energy Data Transfer Technology (2010)
• California Can Share Gun Owners' Personal Information With Researchers (September 2021)
• California Permitted to Share Gun Owners' Personal Information with Researchers (21 November 2023)
• California hits Google for $93M over deceptive location data options (14 September 2023)
• Cambridge Analytica and Facebook Scandal (2016)
• ChatGPT Has a Big Privacy Problem (31 March 2023)
• ChatGPT Privacy Issues (31 March 2023)
• Chrome Collects User Data Regardless of Consent
• Clearview's Facial Recognition App (2020)
• Contact Tracing Software Sells People’s Information (July 2020)
• DNA Testing Companies Share Data with Third Parties (November 2017)
• Data Analytical Services (DAS) Program, Formerly Known as Hemisphere, (November 2023)
• Data Вroker LexisNexis Selling DMV Data (November 2020)
• Dataminr Helps Police Track Protesters (July 2020)
• Departments of Motor Vehicles Sell Personal Information of Drivers (2019)
• Don't Believe Everything you Hear: How Cybercriminals Are Exploiting AI Voice Cloning (April 2023)
• Exploring the Perceptions of Location Sharing: Privacy vs. Affection (2023)
• F.T.C. Study Finds ‘Vast Surveillance’ of Social Media Users
• FTC Reaches First Settlement with X-Mode Social Banning Location Data Tracking (January 2024)
• Facebook and Cambridge Analytica Privacy Scandal (2016)
• Facebook loses Belgian privacy case, faces fine of up to $125 million (16 February 2018)
• Facebook's “Pseudoscience” Ad Category (April 2020)
• Facial Recognition in Public Places by Israeli Government (September 2023)
• Facial-Recognition Apps Threaten Privacy Rights (26 October 2023)
• FamilyTreeDNA Share Its Genealogy Database With the FBI (January 2019)
• Feds settle with St. Joseph's over alleged HIPAA violation (22 November 2023)
• Google Fails to End $5 Billion Consumer Privacy Lawsuit (1 June 2016)
• Google Gets Access to Health Records from Ascension (November 2019)
• Google Privacy Policy Update and Its Implications on Data Privacy (1 July 2023)
• Google promised to delete sensitive data. It logged my abortion clinic visit. (9 May 2023)
• Google to Face $5 Billion Lawsuit Over Tracking Users in Incognito Mode (June 2016)
• Health Data Under Scrutiny: The UK's Review of Privacy in Period and Fertility Apps (7 September 2023)
• Hidden Cameras in Canadian Mall (October 2020)
• IBMs Weather Channel App Sharing User Location Data (2018)
• IOS Apps Access to Camera (October 2017)
• IPhone 'NameDrop' Feature Raises Privacy Concerns (29 November 2023)
• IRobot's Data Collection Leaks Sensitive Photos (2020)
• Inaccurate Customer Data and Credit Reporting Failures: The TD Bank Case (September 2024)

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Laws and Regulations

The following laws and regulations address the Secondary Use harm.

• (410 ILCS § 50/). Medical Patient Rights Act. (United States, Illinois)
• (410 ILCS § 513/). Genetic Information Privacy Act (United States, Illinois)
• 201 CMR 17.00. Standards For The Protection of Personal Information of Residents of The Commonwealth. (United States, Massachusetts)
• 42 U.S.C. Subchapter VII (United States)
• 5 U.S.C. §552a (United States)
• Bank Secrecy Act (United States)
• CH. 19.255. Personal Information—Notice of Security Breaches. (United States, Washington)
• CH. 217. Genetic Testing. (United States, Vermont)
• CH. 48.1. Consumer Privacy Protection Act. (United States, Rhode Island)
• CH. 482-1-122. Alabama Insurance Regulation. (United States, Alabama)
• CH. 70.02. Medical Records—Health Care Information Access and Disclosure. (United States, Washington)
• CO. HB 09-1338. (United States, Colorado)
• Cable Communications Policy Act of 1984 (United States)
• California Consumer Credit Reporting Agencies Act (United States, California)
• California Consumer Privacy Act of (2018) (United States, California)
• Children's Online Privacy Protection Act of 1998 (United States)
• Communications Act of 1934 (United States)
• Confidential Information Protection and Statistical Efficiency Act of 2002 (United States)
• Cybersecurity Enhancement Act of 2014 (United States)
• Driver's Privacy Protection Act of 1994 (United States)
• Electronic Communications Privacy Act (United States)
• Fair Credit Reporting Act of 1970 (United States)
• Family Educational Rights and Privacy Act (United States)
• Genetic Information Nondiscrimination Act of 2008 (United States)
• Health Insurance Portability and Accountability Act of 1996 (United States)
• ILL. SB 0318. Use of genetic testing information by employers. (United States, Illinois)
• ILL. SB 1307. The Genetic Information Privacy Act. (United States, Illinois)
• KY. HB 5. The Safety and Security of Personal Information held by Public Agencies. (United States, Kentucky)
• MD. HB 1127. Maryland Financial Consumer Protection Commission. (United States, Maryland)
• MD. SB 613. Consumer Personal Information Privacy. (United States, Maryland)
• MN. H.F. 112. The use of Genetic Information by Government Entities; creating new Consumer Protection Law regarding use of Genetic Information. (United States, Minnesota)
• NH. HB 1586. Student and Teacher Information Protection and Privacy. (United States, New Hampshire)
• NH. HB 536. Biometric Information to The Consumer Protection Act. (United States, New Hampshire)
• NM. HB 369. Genetic Information Privacy Act. (United States, New Mexico)
• NY GBS § 399-DDD Confidentiality of Social Security Account Number (United States, New York)
• OR. STAT. § 807.750 (2009)
• Oregon Consumer Information Protection Act. (United States, Oregon)
• Patient Safety and Quality Improvement Act (United States)
• Personal Data Protection Law (KVKK) (Turkey)
• Personal Responsibility and Work Opportunity Reconciliation Act (United States)
• Privacy Act of 1974 (United States)
• Protection of Pupil Rights Amendment (United States)
• Rhode Island Identity Theft Protection Act of 2015. (United States, Rhode Island)
• Section 308(d) of the Public Health Service Act (United States)
• VT. REG. B-2018-01 (2018) (United States, Vermont)
• VT. REG. IH-2001-01 (United States, Vermont)
• Video Privacy Protection Act (United States)
• WA. HB 2213 (2017) (United States, Washington)
• §10-3-1104.6. Genetic information -limitations on disclosure of information -liability definitions -legislative declaration. (United States, Colorado)
• §13.386. Treatment of Genetic Information held by Government Entities and other persons. (United States, Minnesota)

... further results