Public Response to Alerts and Warnings Using Social Media Report of a Workshop on Current Knowledge and Research Gaps (2013) / Chapter Skim
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5 Privacy and Legal Challenges with the Use of Social Media
5 Privacy and Legal Challenges with the Use of Social Media
Pages 41-48
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From page 41... ...
Bryan Ware, Digital Sandbox, discussed the privacy challenges that limit tool use and how privacy protections might be built into application development. Aram Dobalian, VHA Emergency Management Evaluation Center, explored liability issues related to first-responder use of social media.
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From page 42... ...
Interestingly, in the context of another circumstance involving new technology and its privacy implications, the January 2012 Supreme Court decision in United States v. Jones placed limits on the definition of "in public." The court issued a unanimous opinion that a warrant was needed to place a GPS tracking device on an automobile even though the vehicle in question was traveling in public spaces.
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From page 43... ...
In addition, friends' lists on Facebook are by default public. The state of the law regarding government access to and use of location information available from mobile devices or social media is still being examined in the courts.
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From page 44... ...
Each public safety organization has a unique reporting phone number or other reporting mechanism. Although there would seem to be considerable scope for accepting reports from smart phone applications and other forms of social media, Ware observed that their adoption was being held back in part by concern about privacy and civil liberties.
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From page 45... ...
One is that if someone begins to provide aid to an individual in distress, that person must continue to provide aid at least until someone more qualified can provide the aid -- the rationale for the requirement being that once someone starts, others are less likely to step in to provide assistance. In the context of social media, this stance suggests that a first responder who reads a social media post requesting assistance incurs obligations once he or she communicates an intent to provide assistance.
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From page 46... ...
Social media interactions also raise privacy questions because information transmitted over social media may be public or semipublic, yet a health care provider may have obligations under the Health Insurance Portability and Accountability Act (HIPAA) or other privacy laws 6 that are difficult to meet under those circumstances.
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From page 47... ...
• How would the information available to dispatchers be different from that available to a 911 operator, and what would the implications be for what resources were dispatched and what advance instructions were given? OBSERVATIONS OF WORKSHOP PARTICIPANTS Observations on privacy and legal issues associated with social media offered by workshop panelists and participants in the discussion that followed the panel session included the following: • Messages that do not contain a verified identity will often suffice as a source of information when events are being monitored or the public's response is being assessed, and people may be more comfortable remaining anonymous when their communications are monitored by the government.
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From page 48... ...
Could these guidelines serve as a more general model for how to relax privacy restrictions during emergencies? Could new HIPAA guidelines regarding de-identified health data provide a helpful starting point?
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