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<blockquote data-quote="Dannyalcatraz" data-source="post: 6173068" data-attributes="member: 19675"><p>It is individually identifiable for the milliseconds it takes the software to link your email address (and thus, your identity) and that word to a product and authorize the sending of the targeted ad. That may be legally sufficient to trigger HIPPA (and other statutory) penalties, but we won't know for sure until after all the legal proceeding shave ended.</p><p></p><p>And "individually" has been broadly construed in the past.</p><p></p><p>If you were in a doctor's office asking for a catheter for an ailing relative, and a 3rd party catheter salesman overhears that and sends you info on his company's catheters, the violation is still there. You're acting as an agent for this relative, so you are under that person's umbrella of privacy. Even though the commercial speech was misdirected to you- the agent- and he actual patient was not actually identified, the breach of the patient's privacy has occurred, and the catheter salesman could be slapped with a HIPPA penalty.</p><p></p><p>(Note- if you were acting as a oateint's agent and directly queried the salesman, there would be no violation.)</p><p></p><p></p><p></p><p>Sorry I was a bit unclear- I don't think the advertisers themselves will be found liable, precisely for the reasons you state. When I said "in concert" I didn't mean that the advertisers' software or employees had any access to the triggering data, just that this is a commercial exercise by Google & the advertisers that falls well outside of the permissible use of private data.</p><p></p><p></p><p></p><p></p><p>True, but until there is a lawsuit before a judge (and possibly, a jury*) and/or actual case law on point, its just considered opinions.</p><p></p><p>Many a legal scholar has been surprised by the final outcome of a case.</p><p></p><p></p><p></p><p></p><p>I'm thinking specifically of politically themed adverising I receive almost daily, and the only political emails I had were sent to me (not by me) and were quickly deleted...some without reading them. (I know the sender.)</p><p></p><p>This has been going on the better part of 2 years.</p></blockquote><p></p>
[QUOTE="Dannyalcatraz, post: 6173068, member: 19675"] It is individually identifiable for the milliseconds it takes the software to link your email address (and thus, your identity) and that word to a product and authorize the sending of the targeted ad. That may be legally sufficient to trigger HIPPA (and other statutory) penalties, but we won't know for sure until after all the legal proceeding shave ended. And "individually" has been broadly construed in the past. If you were in a doctor's office asking for a catheter for an ailing relative, and a 3rd party catheter salesman overhears that and sends you info on his company's catheters, the violation is still there. You're acting as an agent for this relative, so you are under that person's umbrella of privacy. Even though the commercial speech was misdirected to you- the agent- and he actual patient was not actually identified, the breach of the patient's privacy has occurred, and the catheter salesman could be slapped with a HIPPA penalty. (Note- if you were acting as a oateint's agent and directly queried the salesman, there would be no violation.) Sorry I was a bit unclear- I don't think the advertisers themselves will be found liable, precisely for the reasons you state. When I said "in concert" I didn't mean that the advertisers' software or employees had any access to the triggering data, just that this is a commercial exercise by Google & the advertisers that falls well outside of the permissible use of private data. True, but until there is a lawsuit before a judge (and possibly, a jury*) and/or actual case law on point, its just considered opinions. Many a legal scholar has been surprised by the final outcome of a case. I'm thinking specifically of politically themed adverising I receive almost daily, and the only political emails I had were sent to me (not by me) and were quickly deleted...some without reading them. (I know the sender.) This has been going on the better part of 2 years. [/QUOTE]
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