Tag: Privacy

New law aims to protect finances, privacy of child social media stars

Some young children earn millions of dollars through social media influencing and promotion, but there’s little legislation or protection for most. A new law in France aims to try to safeguard children under the age of 16, protecting their finances and providing some privacy.

The legislation, which was passed unanimously by the French parliament on Oct. 6, creates a “legal framework” that gives social media stars the same protections as French child models and actors.

A press release about the law says videos of child influencers online raise “important questions about the interests of the children they portray” and raises questions about the “impact celebrity can have on the psychological development of children, the risks of cyber-harassment, even child pornography, and the fact that these activities are not regulated by labor law.”

Bruno Studer, the politician behind the bill, told the French newspaper Le Monde that the law would make France a pioneer in the rights of child social media stars.

“Children’s rights must be preserved and protected, including on the internet, which must not be a lawless area,” Studer told La Tribune, another publication.

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The multi-part legislation “guarantees that the conditions of employment” for social media influencers under the age of 16 are “compatible with his schooling and the safeguard of his health.” The majority of a child’s income garnered from social media influencing must be paid to a specific French public sector financial institution, which will hold and manage that money until the child comes of age. The law also places limits on how many hours a child can work as an influencer.

Another part of the law also gives children some protection from the platforms on which they post. One piece of the legislation “makes platforms participate more actively in the detection of problematic audiovisual content” and “creates an obligation of cooperation with public authorities.” Platforms face a fine of 75,000 euros, or around $88,700, for not complying with these obligations.

The legislation also includes a “right to erasure,” which means that minors can ask platforms to take down images of themselves and requires platforms to comply.

Children can earn millions of dollars online. According to Forbes, an American child named Ryan Kaji made more than $20 million in 2018 by reviewing toys on YouTube.

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Trump’s doctor leans on health privacy law to duck questions

WASHINGTON (AP) — President Donald Trump’s doctor leaned on a federal health privacy law Monday to duck certain questions about the president’s treatment for COVID-19, while readily sharing other details of his patient’s condition.



Dr. Sean Conley, physician to President Donald Trump, center, and other doctors, walk out to talk with reporters at Walter Reed National Military Medical Center, Monday, Oct. 5, 2020, in Bethesda, Md. (AP Photo/Evan Vucci)


© Provided by Associated Press
Dr. Sean Conley, physician to President Donald Trump, center, and other doctors, walk out to talk with reporters at Walter Reed National Military Medical Center, Monday, Oct. 5, 2020, in Bethesda, Md. (AP Photo/Evan Vucci)

But a leading expert on the Health Insurance Portability and Accountability Act said a more likely reason for Dr. Sean Conley’s selective disclosures appears to be Trump’s comfort level in fully revealing his medical information.



Dr. Sean Conley, physician to President Donald Trump, talks with reporters at Walter Reed National Military Medical Center, Monday, Oct. 5, 2020, in Bethesda, Md. (AP Photo/Evan Vucci)


© Provided by Associated Press
Dr. Sean Conley, physician to President Donald Trump, talks with reporters at Walter Reed National Military Medical Center, Monday, Oct. 5, 2020, in Bethesda, Md. (AP Photo/Evan Vucci)

“That’s a little head-scratcher,” said Deven McGraw, a former career government lawyer who oversaw enforcement of the 1996 medical privacy statute. “It’s quite possible the doctor sat down with the president and asked which information is OK to disclose.”

At a press briefing at Walter Reed National Military Medical Center, Conley, the White House physician, reported the president’s blood pressure — a little high at 134/78 — and respiration and heart rates, which were both in the normal ranges.



White House Chief of Staff Mark Meadows, seated left, and Dr. Sean Conley, physician to President Donald Trump, listen as doctors talk with reporters at Walter Reed National Military Medical Center, Monday, Oct. 5, 2020, in Bethesda, Md. (AP Photo/Evan Vucci)


© Provided by Associated Press
White House Chief of Staff Mark Meadows, seated left, and Dr. Sean Conley, physician to President Donald Trump, listen as doctors talk with reporters at Walter Reed National Military Medical Center, Monday, Oct. 5, 2020, in Bethesda, Md. (AP Photo/Evan Vucci)

But when reporters pressed for details on the results of lung scans and when Trump had last tested negative for COVID-19, the doctor demurred, citing HIPAA, as the law is commonly known.

“There is no special protection for lung scans,” McGraw pointed out.

“It really is what the president authorizes to be disclosed,” she explained. “So I am going to have to assume there was a judgment call on what information the president was comfortable releasing to the public.”

The selective disclosure raised more questions about what the president’s doctors aren’t telling the public. Trump returned to the White House later Monday.

House Speaker Nancy Pelosi said it’s “disconcerting” that information coming from Trump’s physicians “must be approved by the president.”

Pronounced “hippah,” the law essentially prohibits disclosure of a person’s medical information without their consent. Many people hear about HIPAA when they call the hospital seeking information about the condition of a relative and they’re told they can’t have it because of the law.

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Trump’s Doctor Leans on Health Privacy Law to Duck Questions | Health News

By RICARDO ALONSO-ZALDIVAR, Associated Press

WASHINGTON (AP) — President Donald Trump’s doctor leaned on a federal health privacy law Monday to duck certain questions about the president’s treatment for COVID-19, while readily sharing other details of his patient’s condition.

But a leading expert on the Health Insurance Portability and Accountability Act said a more likely reason for Dr. Sean Conley’s selective disclosures appears to be Trump’s comfort level in fully revealing his medical information.

“That’s a little head-scratcher,” said Deven McGraw, a former career government lawyer who oversaw enforcement of the 1996 medical privacy statute. “It’s quite possible the doctor sat down with the president and asked which information is OK to disclose.”

At a press briefing at Walter Reed National Military Medical Center, Conley, the White House physician, reported the president’s blood pressure — a little high at 134/78 — and respiration and heart rates, which were both in the normal ranges.

But when reporters pressed for details on the results of lung scans and when Trump had last tested negative for COVID-19, the doctor demurred, citing HIPAA, as the law is commonly known.

“There is no special protection for lung scans,” McGraw pointed out.

“It really is what the president authorizes to be disclosed,” she explained. “So I am going to have to assume there was a judgment call on what information the president was comfortable releasing to the public.”

The selective disclosure raised more questions about what the president’s doctors aren’t telling the public. Trump returned to the White House later Monday.

House Speaker Nancy Pelosi said it’s “disconcerting” that information coming from Trump’s physicians “must be approved by the president.”

Pronounced “hippah,” the law essentially prohibits disclosure of a person’s medical information without their consent. Many people hear about HIPAA when they call the hospital seeking information about the condition of a relative and they’re told they can’t have it because of the law.

”HIPAA kinda precludes me from going into too much depth in things that, you know, I’m not (at) liberty or he doesn’t wish to be discussed,” said Conley, who holds the rank of Navy commander.

McGraw said there’s a question about whether the White House physician may even be covered by HIPAA. The law is written to apply to doctors and entities that bill for insurance coverage.

That said, a president, like any other individual, has the right to control personal medical information, said Iliana Peters, who also served as a career lawyer overseeing HIPAA enforcement at the Department of Health and Human Services.

“As the person who is the subject of the records, (Trump) owns the right to privacy over his medical record and he gets to decide how that information is shared certainly with the public, and certainly wit the media,” said Peters. “That is the case with any one of us as a patient.”

Peters said “there may be multiple things going on here in that certain disclosures have been authorized and others haven’t.”

Speaking on MSNBC, Pelosi argued

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A Former Spy Shares Why the U.S. Needs a Data Privacy Law… Yesterday

Photo credit: Susanna Hayward / Getty Images - Hearst Owned
Photo credit: Susanna Hayward / Getty Images – Hearst Owned

From Marie Claire

Data privacy legislation is not about secrecy; it’s about transparency. I know a lot about both. I was one of the original coauthors of the initiative that became the California Consumer Privacy Act (CCPA), the most comprehensive privacy law in the U.S., and before that I was a CIA counterintelligence officer and counsel on the House Intelligence Committee. Surprisingly, it was my career as a spy—where I did things like provide oversight of the NSA wiretapping program Edward Snowden later disclosed—that made me realize how desperately the U.S. needs a law to protect consumers’ online privacy. I’m inspired by this quote shared by Gabriel Weinberg, the founder of the privacy-focused search engine DuckDuckGo: “Everyone knows what you do in the bathroom, but you still close the door.” In other words, your info may not be a secret, but it should remain private.

The U.S. government hasn’t gotten that memo. Until the CCPA went into effect on January 1, 2020, there was minimal regulation as to what personal information companies could collect, how they could use it, and with whom they could share it. Outside of California, that’s still the case. When you click “accept” on an app or website, it’s nearly impossible to know what terms you’re really agreeing to. Companies can know where you live, how fast you drive, whether you have a chronic health condition, and even if you are pregnant or were a rape victim.

This personal information can be used to serve you annoying advertisements, fueling a $100-billion-plus digital advertising market. There are even entire companies, called ad or data brokers, that exist to collect, package, and sell data. It can be shared with employers, insurance companies, marketers, and more. Some entities even create an e-score, which can be purchased by virtually anyone. Unfortunately, the discriminatory effects of e-scores largely impact women and people of color.

The CCPA grants all Californians the right to find out what information businesses are collecting, opt out of the sale of personal information, and sue businesses if personal information is stolen. A looming question is whether Congress will pass comprehensive federal privacy legislation, like the European Union’s General Data Protection Regulation. Several bills have been introduced, including one from New York senator Kirsten Gillibrand, but have been largely unsuccessful due to lobbying by the tech, retail, and advertising industries.

Governmental change takes time, but there are things you can do right now: If you live in California, opt out of the sale of your data. (Websites now must list this option.) If you live in Nevada or Maine (both have privacy laws), learn how you’re protected. If not, contact your representatives and demand that they pass legislation. (Several states, including New York and Washington, are working on bills.) Your information is being used against you. It’s time to take it back.

This article originally appeared in the Fall 2020 issue of Marie Claire.

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