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.[1]
Additional comments
Occurrences
- 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)
- 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)
- 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)
- Instagram Sliders (2019)
- Judge advances lawsuit claiming Meta pixel tracking on hospital websites violated HIPAA (7 September 2023)
- Madison Square Garden Uses Facial Recognition to Ban Enemy Lawyers (2022)
- Member of Parliament Leaks COVID Patients Information to Press (July 2020)
- Mental Health Charities in the UK Hand Facebook Sensitive Data (3 June 2023)
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)