this post was submitted on 10 Mar 2024
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VANCOUVER - A British Columbia Supreme Court judge says a class-action lawsuit can move forward over alleged privacy breaches against a company that made an app to track users' menstrual and fertility cycles. The ruling published online Friday says the action against Flo Health Inc. alleges the company shared users' highly personal health information with third-parties, including Facebook, Google and other companies.

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[–] CosmicCleric@lemmy.world 5 points 8 months ago* (last edited 8 months ago) (4 children)

Why is it a breach of privacy for this app, but other apps doing the same selling of personal data is not?

From the article...

The lawsuit alleges that Flo Health misused users' personal information “for its own financial gain,” claiming breach of privacy, breach of confidence and “intrusion upon seclusion.”

IANAL, but my understanding, after having read the whole article, is that regardless of the fact that there may or may not have been an agreement between the app creator and its users, that they still ran foul of laws that cannot be waived by any sort of TOU/EULA agreement.

[–] Rodeo@lemmy.ca 0 points 8 months ago (3 children)

I read the article too, and those things you quoted sound to me like things every app does.

Hence my question: what is different here?

[–] CosmicCleric@lemmy.world 2 points 8 months ago* (last edited 8 months ago) (2 children)

regardless of the fact that there may or may not have been an agreement between the app creator and its users, that they still ran foul of laws that cannot be waived by any sort of TOU/EULA agreement.

It's not a matter of something being different or not. It's no matter what, it's illegal. Law trumps any TOU/EULA.

[–] Rodeo@lemmy.ca -2 points 8 months ago (1 children)

So what are they doing that illegal that other apps aren't doing??

I really don't know how to be any more clear with this question.

[–] CosmicCleric@lemmy.world 1 points 8 months ago

So what are they doing that illegal that other apps aren’t doing??

I really don’t know how to be any more clear with this question.

From the article…

The lawsuit alleges that Flo Health misused users’ personal information “for its own financial gain,” claiming breach of privacy, breach of confidence and “intrusion upon seclusion.”