Publishings Digital Health

Discussion by Jeff Chester at the Global Alcohol Policy Alliance Alcohol Marketers are now big data companies.  They are also commercial surveillance marketing enterprises, which is how data driven digital marketing is increasingly described by regulators and critics.  Like many other global industries, alcohol marketing uses an ever expanding set of diverse and sophisticated online and offline techniques designed to identify and deeply influence its target audiences.  Alcoholic beverage companies have broadly adopted the business model and tactics perfected by Google, Meta/Facebook, and Amazon. This includes “omnichannel” marketing operations that identify a single person and follow them on their various devices, such as gaming, mobile, and streaming.   The alcoholic beverage industry engages in cutting edge digital marketing campaigns throughout the world.  However, the use of contemporary marketing techniques for alcoholic beverages enables us to use various regulatory and other legal tools to protect public health and the public at large.  That includes pursuing various privacy complaints, across state, national or regional data protection regulators (as well as class actions where possible); developing related complaints for consumer protection regulators on the kinds of unfair advertising practices that embody digital marketing, such as the use of neuromarketing to influence subconscious and emotional processes; the reliance on “immersive” ad applications involving virtual and augmented reality (such as metaverse), whose effects also impact non rational processes; the role of influencers used to penetrate youth culture to promote the brand; and, on the data practices itself, the widespread adoption of machine learning and Artificial Intelligence systems to generate predictive and personalized marketing plans on individuals, groups and communities.  Another critical aspect of data marketing, as we know, is the gathering and use of a host of data on people—their race, ethnicity, income, health concerns, geolocation, etc., that when assembled in today’s real-time online marketing machine are used to reach us with a highly informed assessment of who we are and what we do.  In addition to regulation and judicial recourse, there are also the public shaming aspects that can be generated through the news media and other informational campaigns.I will summarize several of the troubling practices of the alcohol marketing industry today that could form the basis for potential regulatory interventions.The use of Big Data operations:  As leading advertisers, alcoholic beverage companies already hold a vast—and growing--array of data on their customers and targets.  For example, AB InBev relies on [quote] 1000 different data sources and has more than 70.1 million unique customer records [unquote].  Its data sources include information gathered thru mobile devices, social media, and ecommerce, among others.   AB InBev has invested in the latest technologies to consolidate, manage and make actionable this information, including Data Management Platforms (DMPs—which integrate and analyze diverse data points) that help identify and target an individual.  Through state-of-the-art online campaigns, companies like ABInBev  collect huge amounts of key data.  For example, the company created a platform in Columbia not long ago—[quote] “a central online store where customers could share their location and place their order which was then sent via Whatsapp to their local grocer to be fulfilled…it digitized every (convenience) store, in every corner, in every block, in every neighborhood and connected them” [unquote] to its online store. Pervasive Surveillance on social media used for insight generation.  Alcohol companies deploy abundant “social listening” strategies that use sentiment mining, AI-driven computer vision and other tools to understand what is being said, by who and where, about the brand or topics that can be better leveraged for marketing; for example, to help pinpoint who are the most influential or useful voices to reach out to.   Much of this work is conducted 24/7 with real-time capabilities to take advantage of what is identified.  E-commerce: Online is increasingly an environment that seamlessly merges content, sales, marketing, and payment.  Alcoholic beverage companies are taking advantage of the powerful data driven promotion engines that operate these online sales channels, to make sure you see its product, place it in the shopping cart, and buy it.  Leading grocery and retail companies have also established their own highly developed online marketing operations that work with alcoholic beverages and other brands to showcase them on their e-commerce and online marketing sites; another source of privacy concern, as data sets merge].The use of neuroscience and other emotional technologies. Used to identify how to trigger non-rational responses to marketing, including measuring the emotional intensity of an ad as well as assessing how well a person’s memory encodes that message.  Alcohol companies (and many others) hook subjects up to EEGs and other similar tech to map their brainwaves responses to ads and content. Then an ad or message is honed and deployed.  These tools are also used “in flight” [during a running ad campaign] to correct errors and fine-tune their impact.Repositioning themselves as providers of economic opportunity and social good.  A recent trend by alcohol marketers is to position itself as generating economic opportunity for small businesses, as a strategy to deepen its connections for data.  For example, in Brazil last year during Carnival, one alcoholic beverages company used emails, push notifications, text messaging, an app, ecommerce platform, personalized QR codes and social media to support nearly 11,000 street vendors working out of their homes that ended up selling 200,000 of the brand’s products.  It established a critical digital link between the vendors, the alcohol brand, and its customers. Providers of technology:  This is especially true with branded alcoholic beverage company mobile apps, which are a key source of data gathering, monitoring of consumer behaviors (inc. geolocation), enrollment in loyalty programs and becomes an immediate influence and marketing channel. These apps are aksi used for sales and payments, creating another highly valuable data source.Penetrating further into the community.  Mobile and other digital marketing tech enables highly targeted, geo-aware, campaigns.  For example, in South Africa one brand—as part of a wider social media effort—used what’s known as DOOH—giving away software while encouraging its targets to [quote] create a personalized shout out to someone special and then select a digital billboard at a specific location for their message to be displayed on. [unquote]. Finally, creating impressive online experiences--such as music events to connect to youth.  In China, Jagermeister, who knew it was loosing its youth demographic, created [quote] “two days-worth of performance lineups and subculture experiences” [unquote] with livestreaming music and other ways to engage and interact with its young audience.  This event claimed to reach 200m impressions.  There are many more examples of such experiential virtual campaigns by alcoholic beverages companies.Policy Options:This is an optimum time to seek safeguards regarding the marketing of alcoholic beverages, to both underage consumers as well as address public health concerns overall on adult consumption.  Concern over the loss of privacy and autonomy, as well as its impact on youth development and health, is fueling greater interest by policymakers to regulate digital marketing. For example, here in the U.S. we have a new proposed rulemaking on surveillance marketing by the Federal Trade Commission, which offers multiple opportunities for the public health community to call for safeguards.    In the EU, there is the GDPR, Digital Services Act and other consumer legislation at the national and EU level that can be consideed.  The UK’s privacy commissioner has begun to enforce its new “Design Code” that governs how the online industry interacts with children and adolescents.  There are data protection commissioners in many countries, as well as varying laws, that should be assessed.   To advance these opportunities, public health advocates will likely find support from the global community of public interest privacy and consumer protection NGOs and scholars, who could be enlisted to identify the potential remedies and develop the appropriate regulatory complaints.   The WHO, of course, is in the forefront of documenting many of the practices we’ve discussed, including its recent work on digital marketing on unhealthy foods and beverages, breast milk substitutes, and alcohol marketing.  As these reports show, and as this conference reflects, the significant advances by these producers and marketers into the digital sphere, which operates now as such a key force in our lives, should be challenged.  Limits and expectations for this industry should be set, along with ongoing research into the effects of such marketing as well as analyzing its marketing operations. With timely action, we might be able to set a healthier course for the role that alcoholic beverages can play in our societies.  Thank you.

FOR IMMEDIATE RELEASE Contacts: Susan Grant (link sends e-mail), CFA, 202-939-1003 May 5, 2020 Katharina Kopp (link sends e-mail), CDD, 202-836 4621 White House Must Act To protect privacy and ensure equity in responding to COVID-19 pandemic Groups Tell Pence to Set Standards to Guide Government and Public-Private Partnership Data Practices and Technology Use Washington, D.C. – Today, 15 leading consumer, privacy, civil and digital rights organizations called on the federal government (link is external) to set guidelines to protect individuals’ privacy, ensure equity in the treatment of individuals and communities, and communicate clearly about public health objectives in responding to the COVID-19 pandemic. In a letter to Vice President Michael R. Pence, who leads the Coronavirus Task Force, the groups said that the proper use of technology and data have the potential to provide important public health benefits, but must incorporate privacy and security, as well as safeguards against discrimination and violations of civil and other rights. Developing a process to assess how effective technology and other tools will be to achieve the desired public health objectives is also vitally important, the groups said. The letter (link is external) was signed by the Campaign for a Commercial Free Childhood, Center for Democracy & Technology, Center for Digital Democracy, Constitutional Alliance, Consumer Action, Consumer Federation of America, Electronic Privacy Information Center (EPIC), Media Alliance, MediaJustice, Oakland Privacy, Parent Coalition for Student Privacy, Privacy Rights Clearinghouse, Public Citizen, Public Knowledge, and Rights x Tech. “A headlong rush into technological solutions without carefully considering how well they work and whether they could undermine fundamental American values such as privacy, equity, and fairness would be a mistake,” said Susan Grant, Director of Consumer Protection and Privacy at the Consumer Federation of America. “Fostering public trust and confidence in the programs that are implemented to combat COVID-19 is crucial to their overall success.” “Measures to contain the deadly spread of COVID-19 must be effective and protect those most exposed. History has taught us that the deployment of technologies is often driven by forces that tend to risk privacy, undermine fairness and equity, and place our civil rights in peril. The White House Task Force must work with privacy, consumer and civil rights groups, and other experts, to ensure that the efforts to limit the spread of the virus truly protect our interests,” said Katharina Kopp, Director of Policy, Center for Digital Democracy. In addition to concerns about government plans that are being developed to address the pandemic, such as using technology for contact tracing, the groups noted the need to ensure that private-sector partnerships incorporate comprehensive privacy and security standards. The letter outlines 11 principles that should form the basis for standards that government agencies and the private sector can follow: Set science-based, public health objectives to address the pandemic. Then design the programs and consider what tools, including technology, might be most efficacious and helpful to meet those objectives. Assess how technology and other tools meet key criteria. This should be done before deployment when possible and consistent with public health demands, and on an ongoing basis. Questions should include: Can they be shown to be effective for their intended purposes? Can they be used without infringing on privacy? Can they be used without unfairly disadvantaging individuals or communities? Are there other alternatives that would help meet the objectives well without potentially negative consequences? Use of technologies and tools that are ineffective or raise privacy or other societal concerns should be discontinued promptly. Protect against bias and address inequities in technology access. In many cases, communities already disproportionately impacted by COVID-19 may lack access to technology, or not be fairly represented in data sets. Any use of digital tools must ensure that nobody is left behind. Set clear guidelines for how technology and other tools will be used. These should be aimed at ensuring that they will serve the public health objective while safeguarding privacy and other societal values. Public and private partners should be required to adhere to those guidelines, and the guidelines should be readily available to the public. Ensure that programs such as technology-assisted contact tracing are voluntary. Individual participation should be based on informed, affirmative consent, not coercion. Only collect individuals’ personal information needed for the public health objective. No other personal information should be collected in testing, contact tracing, and public information portals. Do not use or share individuals’ personal information for any other purposes. It is important to avoid “mission creep” and to prevent use for purposes unrelated to the pandemic such as for advertising, law enforcement, or for reputation management in non-public health settings. Secure individuals’ personal information from unauthorized access and use. Information collected from testing, contact tracing and information portals may be very revealing, even if it is not “health” information, and security breaches would severely damage public trust. Retain individuals’ personal information only for as long as it is needed. When it is no longer required for the public health objective, the information should be safely disposed of. Be transparent about data collection and use. Before their personal information is collected, individuals should be informed about what data is needed, the specific purposes for which the data will be used, and what rights they have over what’s been collected about them. Provide accountability. There must be systems in place to ensure that these principles are followed and to hold responsible parties accountable. In addition, individuals should have clear means to ask questions, make complaints, and seek recourse in connection with the handling of their personal information. The groups asked Vice President Pence for a meeting to discuss their concerns and suggested that the Coronavirus Task Force immediately create an interdisciplinary advisory committee comprised of experts from public health, data security, privacy, social science, and civil society to help develop effective standards. The Consumer Federation of America (link is external) is a nonprofit association of more than 250 consumer groups that was founded in 1968 to advance the consumer interest through research, advocacy, and education. The Center for Digital Democracy (CDD) is recognized as one of the leading NGOs organizations promoting privacy and consumer protection, fairness and data justice in the digital age. Since its founding in 2001 (and prior to that through its predecessor organization, the Center for Media Education), CDD has been at the forefront of research, public education, and advocacy.

Google’s (i.e., Alphabet, Inc.) proposed acquisition of Fitbit, a leading health wearable device company, is just one more piece illustrating how the company is actively engaged in shaping the future of public health. It has assembled a sweeping array of assets in the health field, positioning its advertising system to better take advantage of health information, and is playing a proactive role lobbying to promote significant public policy changes for medical data at the federal level that will have major implications (link is external)for Americans and their health.Google understands that there are tremendous revenues to be made gathering data—from patients, hospitals, medical professionals and consumers interested in “wellness”—through the various services that the company offers. It sees a lucrative future as a powerful presence in our health system able to bill Medicare and other government programs. In reviewing the proposed takeover, regulators should recognize that given today’s “connected” economy, and with Google’s capability and intention to generate monetizeable insights from individuals across product categories (health, shopping, financial services, etc.), the deal should not be examined solely within a narrow framework. While the acquisition directly bolsters Google’s growing clout in what is called the “connected-health” marketplace, the company understands that the move is also designed to maintain its dominance in search, video and other digital marketing applications. It’s also a deal that raises privacy concerns, questions about the future direction of the U.S. health system, and what kinds of safeguards—if any at all—will be in place to protect health consumers and patients. As health venture capital fund Rock Health explained in a recent report, “Google acquired Fitbit in a deal that gives the tech giant access to troves of personal health data and healthcare partnerships, in addition to health tracking software.” Fitbit reports that “28 million active users” worldwide use its wearable device products. For Google, Fitbit brings (link is external) a rich layer of personal data, expertise in fitness (link is external) tracking software, heart-rate sensors, as well as relationships with health-service and employee-benefit providers. Wearable devices can provide a stream (link is external)of ongoing data on our activities, physical condition, geolocation and more. In a presentation to investors made in 2018, Fitbit claimed to be the “number one health and fitness” app in the U.S. for both the Android and Apple app store, and considered itself the “number one “wearable brand globally,” available in 47,000 stores, and had “direct applications for health and wellness categories such as diabetes, heart health, and sleep apnea.” “Driving behavior change” is cited as one of the company’s fundamental capabilities, such as its “use of data…to provide insights and guidance.” Fitbit developed a “platform for innovative data collection” for clinical researchers, designed to help advance (link is external) “the use of wearable devices in research and clinical applications. Fitbit also has relationships with pharmacies, including those that serves people with “complex health conditions.” Fitbit has also “made a number of moves to expand its Health Services division,” such as its 2018 acquisition of Twine Health, a “chronic disease management platform.” In 2018, it also unveiled a “connected health platform that enables payers and health systems to deliver personalized coaching” to individuals. The company’s Fitbit Health Solutions division is working with more than 100 insurance companies in the U.S., and “both government sponsored and private plans” work with the company. Fitbit Premium was launched last year, which “mines consumer data to provide personalized health insights” for health care delivery. According to Business Insider Intelligence, “Fitbit plans to use the Premium service to get into the management of costly chronic conditions like diabetes, sleep apnea, and hypertension.” The company has dozens of leading “enterprises” and “Fortune 500” companies as customers. It also works with thousands of app developers and other third parties (think Google’s dominance in the app marketplace, such as its Play store). Fitbit has conducted research to understand “the relationship between activity and mood” of people, which offers an array of insights that has applications for health and numerous other “vertical” markets. Even prior to the formal takeover of Fitbit by Google, it had developed strong ties to the digital data marketing giant. It has been a Google Cloud client since 2018, using its machine learning prowess to insert Fitbit data into a person’s electronic health record (EHR). In 2018, Fitbit said that it was going to transfer its “data infrastructure” to the Google Cloud platform. It planned to “leverage Google’s healthcare API” to generate “more meaningful insights” on consumers, and “collaborate on the future of wearables.” Fitbit’s data might also assist Google in forging additional “ties with researchers who want to unlock the constant stream of data” its devices collect. When considering how regulators and others should view this—yet again—significant expansion by Google in the digital marketplace—the following issues must be addressed: Google Cloud and its use of artificial intelligence and machine learning in a new data pipeline for health services, including marketing Google’s Cloud service offers “solutions” (link is external) for the healthcare and life sciences industry, by helping to “personalize patient experiences,” “drive data interoperability,” and improve commercialization and operations”—including for “pharma insights and analytics.” Google Cloud (link is external) has developed a specific “API” (application programming interface) that enables health-related companies to process and analyze their data, by using machine learning technologies, for example. The Health Care Cloud API (link is external)also provides a range of other data functionalities (link is external) for clinical and other uses. Google is now working to help create a “new data infrastructure layer via 3 key efforts,” according to a recent report on the market. It is creating “new data pipes for health giants,” pushing the Google Cloud and building “Google’s own healthcare datasets for third parties.” (See, for example, “G Suite (link is external) for Healthcare Businesses” products as well as its “Apigee API Platform,” which works with the Cleveland Clinic, Walgreens, and others). Illustrating the direct connection between the Google Cloud and Google’s digital marketing apparatus is their case study (link is external) of the leading global ad conglomerate, WPP. “Our strong partnership with Google Cloud is key,” said WPP’s CEO, who explained that “their vast experience in advertising and marketing combined with their strength in analytics and AI helps us to deliver powerful and innovative solutions for our clients” (which include (link is external) “369 of the Fortune Global 500, all 30 of the Dow Jones 30 and 71 of the NASDAQ 100”). WPP links the insights and other resources it generates from the Google Cloud to Google’s “Marketing Platform” (link is external) so its clients can “deliver better experiences for their audiences across media and marketing.” Google has made a significant push (link is external) to incorporate the role that machine learning plays with marketing across product categories, including search and YouTube. It is using machine learning to “anticipate needs” of individuals to further its advertising (link is external) business. Fitbit will bring in a significant amount of additional data for Google to leverage in its Cloud services, which impact a number of consumer and commercial markets beyond (link is external) health care. The Fitbit deal also involves Google’s ambitions to become an important force providing healthcare providers access to patient, diagnostic and other information. Currently the market is dominated by others, but Google has plans for this market. For example, it has developed a “potential EHR tool that would empower doctors with the same kind of intuitive and snappy search functionality they've come to expect from Google.” According to Business Insider Intelligence, Google could bundle such applications along with Google Cloud and data analytics support that would help hospitals more easily navigate the move to data heavy (link is external), value-based care (VBC) reimbursement models (link is external).” Google Health already incorporates a wide range of health-related services and investments “Google is already a health company,” according (link is external) to Dr. David Feinberg, the company’s vice president at Google Health. Feinberg explains that they are making strides in organizing and making health data more useful thanks to work being done by Cloud (link is external) and AI (link is external) teams. And looking across the rest of Google’s portfolio of helpful products, we’re already addressing aspects of people’s health. Search helps people answer everyday health questions (link is external), Maps helps get people to the nearest hospital, and other tools and products are addressing issues tangential to health—for instance, literacy (link is external), safer driving (link is external), and air pollution (link is external)…. and in response, Google and Alphabet have invested in efforts that complement their strengths and put users, patients, and care providers first. Look no further than the promising AI research and mobile applications coming from Google and DeepMind Health (link is external), or Verily’s Project Baseline (link is external) that is pushing the boundaries of what we think we know about human health. Among Google Health’s initiatives are “studying the use of artificial intelligence to assist in diagnosing (link is external) cancer, predicting (link is external) patient outcomes, preventing (link is external) blindness…, exploring ways to improve patient care, including tools that are already being used by clinicians…, [and] partnering with doctors, nurses, and other healthcare professionals to help improve the care patients receive.” Through its AI work, Google is developing “deep learning” applications for electronic health records. Google Health is expanding its team, including specifically to take advantage of the wearables market (and has also hired a former FDA commissioner to “lead health strategy”). Google is the leading source of search information on health issues, and health-related ad applications are integrated into its core marketing apparatus A billion health-related questions are asked every day on Google’s search engine, some 70,000 every minute (“around 7 percent of Google’s daily searches”). “Dr. Google,” as the company has been called, is asked about conditions, medication, symptoms, insurance questions and more, say company leaders. Google’s ad teams in the U.S. promote how health marketers can effectively use its ad products, including YouTube, as well as understand how to take advantage of what Google has called “the path to purchase.” In a presentation on “The Role of Digital Marketing in the Healthcare Industry,” Google representatives reported that After conducting various studies and surveys, Google has concluded that consumers consult 12.4 resources prior to a hospital visit. When consumers are battling a specific disease or condition, they want to know everything about it: whether it is contagious, how it started, the side-effects, experiences of others who have had the same condition, etc. When doing this research, they will consult YouTube videos, read patient reviews of specific doctors, read blog articles on healthcare websites, read reviews, side-effects, and uses of particular medicines. They want to know everything! When consuming this information, they will choose the business that has established their online presence, has positive reviews, and provides a great customer experience, both online and offline. Among the data shared with marketers was information that “88% of patients use search to find a treatment center,” “60% of patients use a mobile device,” “60% of patients like to compare and validate information from doctors with their own online research,” “56% of patients search for health-related concerns on YouTube,” “5+ videos are watched when researching hospitals or treatment centers,” and that “2 billion health-related videos are on YouTube.” The “Internet is a Patient/Caregiver’s #1 confidant,” they noted. They also discussed how mobile technologies have triggered “non-linear paths to purchase,” and that mobile devices are “now the main device used for health searches.” “Search and video are vital to the patient journey,” and “healthcare videos represent one of the largest, fastest growing content segments on YouTube today.” Their presentation demonstrated how health marketers can take advantage of Google’s ability to know a person’s location, as well as how other information related to their behaviors and interests can help them “target the right users in the right context.” To understand the impact of all of Google’s marketing capabilities, one also should review the company’s restructured (and ever-evolving) “Marketing Platform.” Google’s Map Product will be able to leverage Fitbit data Google is using data related to health that are gathered by Google Maps, such as when we do searches for needed care services (think ERs, hospitals, pharmacies, etc.). “The most popular mapping app in the U.S…. presents a massive opportunity to connect its huge user base with healthcare services,” explain Business Insider Intelligence. Google has laid the groundwork with its project addressing the country’s opioid epidemic, linking “Google Maps users with recovery treatment centers,” as well as identifying where Naloxone (the reversal drug for opioid overdoes) is available. Last year, Google Maps launched a partnership with CVS “to help consumers more easily find places to drop off expired drugs.” Through its Waze subsidiary, which provides navigation information for drivers, Google sells ads to urgent care centers, which find new patients as a result of map-based, locally tailored advertisements. Google’s impact on the wearable marketplace, including health, wellness and other apps The acquisition of Fitbit will bolster Google’s position in the wearables market, as well as its direct and indirect role providing access to its own and third-party apps. Google Fit, which “enables Android users to pair health-tracking devices with their phone to monitor activity,” already has partnerships with a number of wearable device companies, such as Nike, Adidas and Noom. Business Intelligencer noted in January 2020 that Google Fit was “created to ensure Android devices have a platform to house user-generated health data (making it more competitive with Apple products). In 2019, Google acquired the smartwatch technology from Fossil. Fitbit will play a role in Google’s plans for its Fit service, such as providing additional data that can be accessed via third parties and made available to medical providers through patients’ electronic health records. The transaction, said one analyst, “is partly a data play,” and also one intended to keep customers from migrating from its Android platform to Apple’s. It is designed, they suggest, to ensure that Google can benefit from the sales of health-related services during the peak earning years of consumers. The Google Play app store offers access to an array of health and wellness apps that will be impacted by this deal. Antitrust authorities in the EU have already sanctioned Google for the way it has leveraged its Android platform for anti-competitive behavior. Google’s health related investments, including its use of artificial intelligence, and the role of Fitbit data Verily is “where Alphabet is doing the bulk of its healthcare work,” according to a recent report on the role AI plays in Google’s plans to “reinvent the $3 Trillion U.S. healthcare industry.” Verily is “focused on using data to improve healthcare via analytics tools, interventions, research” and other activities, partnering with “existing healthcare institutions to find areas to apply AI.” One of these projects is the “Study Watch, a wearable device that captures biometric data.” Verily has also made significant investments globally as it seeks to expand. DeepMind works on AI research, including how it is applicable to healthcare. Notably, DeepMind is working with the UK’s National Health Service. Another subsidiary, Calico, uses AI as part of its focus to address aging and age-related illnesses. Additionally, “GV” (Google Ventures) makes health-related investments. According to the CB Insights report, “Google’s strategy involves an end-to-end approach to healthcare, including: Data generation — This includes digitizing and ingesting data produced by wearables, imaging, and MRIs among other methods. This data stream is critical to AI-driven anomaly detection; Disease detection — Using AI to detect anomalies in a given dataset that might signal the presence of some disease; and Disease/lifestyle management — These tools help people who have been diagnosed with a disease or are at risk of developing one go about their day-to-day lives and/or make positive lifestyle modifications. Google has also acquired companies that directly further its health business capabilities, such as Apigee, Senosis Health and others. Google’s continuous quest to gather more health data, such as “Project Nightingale,” has already raised concerns. There are now also investigations of Google by the Department of Justice and State Attorney’s-General. The Department of Justice, which is currently reviewing the Google/Fitbit deal, should not approve it without first conducting a thorough review of the company’s health-related business operations, including the impact (including for privacy) that Fitbit data will have on the marketplace. This should be made a part of the current ongoing antitrust investigation into Google by both federal and state regulators. Congress should also call on the DoJ, as well as the FTC, to review this proposed acquisition in light of the changes that digital applications are bringing to health services in the U.S. This deal accompanies lobbying from Google and others that is poised to open the floodgates of health data that can be accessed by patients and an array of commercial and other entities. The Department of Health and Human Services has proposed a rule on data “interoperability” that, while ostensibly designed to help empower health services users to have access to their own data, is also a “Trojan Horse” designed to enable app developers and other commercial entities to harvest that data as an important new profit center. “The Trump Administration has made the unfettered sharing of health data a health IT priority,” explained one recent news report. Are regulators really ready to stop further digital consolidation? The diagnosis is still out! For a complete annotated version, please see attached pdf

In response to a call (link is external) for submissions by the UN Committee on the Right of the Child (link is external) on the topic of children’s rights in relation to the digital environment, CDD joins academics and advocates in submitting comments. The group calls on the Committee to recognize the far-reaching harms caused by digital marketing and the personal data extraction on which it is predicated. Many digital marketing practices infringe many rights enshrined in the UN Convention on the Rights of the Child (link is external). The Committee ought to recognize the need to protect children from these harms so children can fully enjoy the opportunities digital environments offer for their development and fulfilment of their rights.