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Location Data Tracks Abortion Clinic Visits. Here’s What to Know

✇EFF Deeplinks
By: Karen Gullo
15 March 2024 at 13:59

Our concerns about the selling and misuse of location data for those seeking reproductive and gender healthcare are escalating amid a recent wave of cases and incidents demonstrating that the digital trail we leave is being used by anti-abortion activists.

The good news is some states and tech companies are taking steps to better protect location data privacy, including information that endangers people needing or seeking information about reproductive and gender-affirming healthcare. But we know more must be done—by pharmacies, our email providers, and lawmakers—to plug gaping holes in location data protection.

Location data is highly sensitive, as it paints a picture of our daily lives—where we go, who we visit, when we seek medical care, or what clinics we visit. That’s what makes it so attractive to data brokers and law enforcement in states outlawing abortion and gender-affirming healthcare and those seeking to exploit such data for ideological or commercial purposes.

What we’re seeing is deeply troubling. Sen. Ron Wyden recenty disclosed that vendor Near Intelligence allegedly gathered location data of people’s visits to nearly 600 Planned Parenthood locations across 48 states, without consent. It sold that data to an anti-abortion group, which used it in a massive anti-abortion ad campaign.The Wisconsin-based group used the geofenced data to send mobile ads to people who visited the clinics.

It’s hardly a leap to imagine that law enforcement and bounty hunters in anti-abortion states would gladly buy the same data to find out who is visiting Planned Parenthood clinics and try to charge and imprison women, their families, doctors, and caregivers. That’s the real danger of an unregulated data broker industry; anyone can buy what’s gathered from warrantless surveillance, for whatever nefarious purpose they choose.

For example, police in Idaho, where abortion is illegal, used cell phone data in an investigation against an Idaho woman and her son charged with kidnapping. The data showed that they had taken the son’s minor girlfriend to Oregon, where abortion is legal, to obtain an abortion.

The exploitation of location data is not the only problem. Information about prescription medicines we take is not protected against law enforcement requests. The nation’s eight largest pharmacy chains, including CVS, Walgreens, and Rite Aid, have routinely turned over prescription records of thousands of Americans to law enforcement agencies or other government entities secretly without a warrant, according to a congressional inquiry.

Many people may not know that their prescription records can be obtained by law enforcement without too much trouble. There’s not much standing between someone’s self-managed abortion medication and a law enforcement records demand. In April the U.S. Health and Human Services Department proposed a rule that would prevent healthcare providers and insurers from giving information to state officials trying to prosecute some seeking or providing a legal abortion. A final rule has not yet been published.

Exploitation of location and healthcare data to target communities could easily expand to other groups working to protect bodily autonomy, especially those most likely to suffer targeted harassment and bigotry. With states passing and proposing bills restricting gender-affirming care and state law enforcement officials pursuing medical records of transgender youth across state lines, it’s not hard to imagine them buying or using location data to find people to prosecute.

To better protect people against police access to sensitive health information, lawmakers in a few states have taken action. In 2022, California enacted two laws protecting abortion data privacy and preventing California companies from sharing abortion data with out-of-state entities.

Then, last September the state enacted a shield law prohibiting California-based companies, including social media and tech companies, from disclosing patients’ private communications regarding healthcare that is legally protected in the state.

Massachusetts lawmakers have proposed the Location Shield Act, which would prohibit the sale of cellphone location information to data brokers. The act would make it harder to trace the path of those traveling to Massachusetts for abortion services.

Of course, tech companies have a huge role to play in location data privacy. EFF was glad when Google said in 2022 it would delete users’ location history for visits to medical facilities, including abortion clinics and counseling and fertility centers. Google pledged that when the location history setting on a device was turned on, it would delete entries for particularly personal places like reproductive health clinics soon after such a visit.

But a study by AccountableTech testing Google’s pledge said the company wasn’t living up to its promises and continued to collect and retain location data from individuals visiting abortion clinics. Accountable Tech reran the study in late 2023 and the results were again troubling—Google still retained location search query data for some visits to Planned Parenthood clinics. It appears users will have to manually delete location search history to remove information about the routes they take to visiting sensitive locations. It doesn’t happen automatically.

Late last year, Google announced plans to move saved Timeline entries in Google Maps to users’ devices. Users who want to keep the entries could choose to back up the data to the cloud, where it would be automatically encrypted and out of reach even to Google.

These changes would appear to make it much more difficult—if not impossible—for Google to provide mass location data in response to a geofence warrant, a change we’ve been asking Google to implement for years. But when these features are coming is uncertain—though Google said in December they’re “coming soon.”

Google should implement the changes sooner as opposed to later. In the meantime, those seeking reproductive and gender information and healthcare can find tips on how to protect themselves in our Surveillance Self Defense guide. 

Data brokers admit they’re selling information on precise location, kids, and reproductive healthcare

✇Malwarebytes Labs
11 March 2024 at 17:37

Information newly made available under California law has shed light on data broker practices, including exactly what categories of information they trade in.

Any business that meets the definition of data broker must register with the California Privacy Protection Agency (CPPA) annually. The CPPA defines data brokers as businesses that consumers don’t directly interact with, but that buy and sell information about consumers from and to other businesses.

Where there’s money to be made you’ll find companies and individuals that will go to any length to get a piece of the action. At the moment there are around 480 data brokers registered with the CPPA. However, that might be just the tip of the iceberg, because there are a host of smaller players active that try to keep a low profile. There are 70 fewer data brokers listed than last year, but it is questionable whether they went out of business or just couldn’t be bothered with all the regulations tied to being a listed data broker.

The law requires registered data brokers to disclose in which of the following categories they actively trade information in:

  • Minors (24)
  • Precise Geolocation (79)
  • Reproductive healthcare data (25)

Four of these data brokers are active in all three of these categories: LexisNexis Risk Solutions, Harmon Research Group, Experian Marketing Solutions, and BDO USA, P.C., Global Corporate Intelligence group.

What is particularly disturbing is the traffic in the data of minors. Children require special privacy protection since they’re more vulnerable and less aware of the potential risks associated with data processing.

When it comes to children’s data, the CCPA requires businesses to obtain opt-in consent to sell the data of a person under the age of 16. Children between the ages of 13 and 16 can provide their own consent, but for children under the age of 13, businesses must obtain verifiable parental consent before collecting or selling their data.

Data brokers were under no obligation to disclose information about selling data belonging to minors until the Delete Act was signed into law on October 10, 2023. The Delete Act is a Californian privacy law which provides consumers with the right to request the deletion of their personal information held by various data brokers subject to the law through a single request.

The next step forward would be if more states followed California’s example. So far only four states—California, Vermont, Oregon, and Texas—have enacted data broker registration laws.

The Children’s Online Privacy Protection Act (COPPA), which regulates children’s privacy, does not currently prevent companies from selling data about children. An update for the bill (COPPA 2.0), that would enhance the protection of minors, is held up in Congress.

In Texas, data brokers are governed by Chapter 509 of the Business and Commerce Code and this includes the specification that each data broker has a “duty to protect personal data held by that data broker.” This is important because, as we have seen, breaches at these data brokers can be combined with others and result in a veritable treasure trove of personal data in the hands of cybercriminals.

Check your digital footprint

If you want to find out how much of your data has been exposed online, you can try our free Digital Footprint scan. Fill in the email address you’re curious about (it’s best to submit the one you most frequently use) and we’ll send you a free report.

We don’t just report on threats – we help safeguard your entire digital identity

Cybersecurity risks should never spread beyond a headline. Protect your—and your family’s—personal information by using identity protection.

Sen. Wyden Exposes Data Brokers Selling Location Data to Anti-Abortion Groups That Target Abortion Seekers

✇EFF Deeplinks
By: Adam Schwartz
27 February 2024 at 19:58

This post was written by Jack Beck, an EFF legal intern

In a recent letter to the FTC and SEC, Sen. Ron Wyden (OR) details new information on data broker Near, which sold the location data of people seeking reproductive healthcare to anti-abortion groups. Near enabled these groups to send targeted ads promoting anti-abortion content to people who had visited Planned Parenthood and similar clinics.

In May 2023, the Wall Street Journal reported that Near was selling location data to anti-abortion groups. Specifically, the Journal found that the Veritas Society, a non-profit established by Wisconsin Right to Life, had hired ad agency Recrue Media. That agency purchased location data from Near and used it to target anti-abortion messaging at people who had sought reproductive healthcare.

The Veritas Society detailed the operation on its website (on a page that was taken down but saved by the Internet Archive) and stated that it delivered over 14 million ads to people who visited reproductive healthcare clinics. These ads appeared on Facebook, Instagram, Snapchat, and other social media for people who had sought reproductive healthcare.

When contacted by Sen. Wyden’s investigative team, Recrue staff admitted that the agency used Near’s website to literally “draw a line” around areas their client wanted them to target. They drew these lines around reproductive health care facilities across the country, using location data purchased from Near to target visitors to 600 Planned Parenthood different locations. Sen. Wyden’s team also confirmed with Near that, until the summer of 2022, no safeguards were in place to protect the data privacy of people visiting sensitive places.

Moreover, as Sen. Wyden explains in his letter, Near was selling data to the government, though it claimed on its website to be doing no such thing. As of October 18, 2023, Sen. Wyden’s investigation found Near was still selling location data harvested from Americans without their informed consent.

Near’s invasion of our privacy shows why Congress and the states must enact privacy-first legislation that limits how corporations collect and monetize our data. We also need privacy statutes that prevent the government from sidestepping the Fourth Amendment by purchasing location information—as Sen. Wyden has proposed. Even the government admits this is a problem.  Furthermore, as Near’s misconduct illustrates, safeguards must be in place that protect people in sensitive locations from being tracked.

This isn’t the first time we’ve seen data brokers sell information that can reveal visits to abortion clinics. We need laws now to strengthen privacy protections for consumers. We thank Sen. Wyden for conducting this investigation. We also commend the FTC’s recent bar on a data broker selling sensitive location data. We hope this represents the start of a longstanding trend.

Identity theft is number one threat for consumers, says report

✇Malwarebytes Labs
27 February 2024 at 05:47

The German Federal Office for Information Security (BSI) has published a report on The State of IT Security in Germany in 2023, and the number one threat for consumers is… identity theft.

The thing is, you can protect your devices and your online privacy as much as possible, but what happens when some organization which you have trusted with your personal information gets breached?

The report states:

“For consumers, the issue of data leaks was prominent in the reporting period (2023). In many cases, these were related to ransomware attacks, in which cybercriminals exfiltrated large amounts of data from organizations in order to later threaten to publish it unless a ransom or hush money was paid.“

In addition to data breaches, there is the danger of information stealers that allow cybercriminals to obtain various types of personal data, such as login details for various online services, and financial information. The stolen data may also include website cookies and biometric data that can be used by criminals to defraud the victim.

Cybercriminals are also getting better at using these data. For example, the report mentions that on one of the largest underground marketplaces for identity data, cybercriminals offered interested parties a browser plug-in that made it possible to import stolen credentials directly into the web browser, allowing criminals to assume the victim’s digital identity with just a few clicks.

We’ve previously talked about the dangers of data brokers that, by trading and buying, are accumulating massive troves of personal data. Now, with the mass availability of Artificial Intelligence tools, it becomes so much easier to correlate all these data sets and piece together a complete profile of everyone affected.

As you can see, it’s usually not the victim’s fault that their data become available to cybercriminals. In many cases, there isn’t even that much that they could have done about it. Some services simply are not available in the offline world anymore, and we have no choice than to trust an organization with our information.

So, all we can do is make sure we come prepared to act when a data breach affects us, and keep an eye on how much we share and how much others will be able to find out about us.

What to do in the event of a data breach

  • Check the vendor’s advice. Every breach is different, so check with the vendor to find out what’s happened, and follow any specific advice they offer.
  • Change your password. You can make a stolen password useless to thieves by changing it. Choose a strong password that you don’t use for anything else. Better yet, let a password manager choose one for you.
  • Enable two-factor authentication (2FA). If you can, use a FIDO2-compliant hardware key, laptop or phone as your second factor. Some forms of two-factor authentication (2FA) can be phished just as easily as a password. 2FA that relies on a FIDO2 device can’t be phished.
  • Watch out for fake vendors. The thieves may contact you posing as the vendor. Check the vendor website to see if they are contacting victims, and verify any contacts using a different communication channel.
  • Take your time. Phishing attacks often impersonate people or brands you know, and use themes that require urgent attention, such as missed deliveries, account suspensions, and security alerts.
  • Set up identity monitoring. Identity monitoring alerts you if your personal information is found being traded illegally online, and helps you recover after.

Digital Footprint scan

If you want to find out how much of your own data is currently exposed online, you can try our free Digital Footprint scan. Fill in the email address you’re curious about (it’s best to submit the one you most frequently use) and we’ll send you a report.

We don’t just report on threats – we help safeguard your entire digital identity

Cybersecurity risks should never spread beyond a headline. Protect your—and your family’s—personal information by using Malwarebytes Identity Theft Protection.

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