What, precisely, is thing? I'm not a lawyer.
Anyway, yeah we know when women are menstruating now so let's cash out. What was the issue, though? Is the idea "I use this to track my own schedule, not to be sold out to strangers"?
Because, I'm sorry, but whether it's menstruation, palpation, or childbirth, if you put it in an app then the whole point was to sell you out.
Good that class action is questioning this, but I wonder how much is law and how much is posturing feels.
changoplatanero•6mo ago
worik•6mo ago
changoplatanero•6mo ago
gruez•6mo ago
The "intentionally" wording seems like a stretch. The same article also says
>Facebook prohibited Flo from sending any health data, she said, and required Flo to provide notice, obtain consent, and allow users to opt out of any data sharing. She claimed the plaintiffs intentionally omitted efforts by Facebook to mitigate the risk of sensitive data being shared.
It sounds like what happened was that Flo used facebook's SDK to send events, and facebook wasn't involved aside from providing such an SDK/backend service. If so, I think the jury reached the wrong decision here. Why should it be up to facebook to police what SDK events app developers send to it? Should Firebase be liable for privacy violations if it "intentionally" used SDKs to record women's drivers license photos[1], and then allow them to be downloaded by anyone?
[1] https://en.wikipedia.org/wiki/Tea_(app)#Data_leaks
jlarocco•6mo ago
I don't think that's the case. If Facebook used the data for advertising, they should have checked that it was legal to do so.
I would agree with you if they only provided the backend service. But once they started using the data themselves, they should have checked.
mook•6mo ago
Since I couldn't find it in the article, I believe the relevant docket is Frasco v. Flo Health, Inc., 3:21-cv-00757, (N.D. Cal.) — don't have PACER access but it seems like https://www.courtlistener.com/docket/55370837/frasco-v-flo-h... has some info (see for example 744, final instructions for jury).
gruez•6mo ago
miohtama•6mo ago
yahway•6mo ago