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Memorandum

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MEMORANDUM

TO:

FROM:

SUBJECT:

DATE:

In this issue, my client is facing an ethical quandary as a result of the


scenario. "An ethical dilemma (also known as an ethical paradox or moral
dilemma) is a problem in decision-making when there are two viable
options, neither of which is totally ethically acceptable: Despite the fact that
we face innumerable ethical and moral quandaries in our everyday lives, the
bulk of them have easy answers. The recent controversies on privacy issues
in 21st century are due to the recent technological advancements on which
the thin line of morality and work ethics are being challenged on daily basis
by the creators. If we look at this app and simply apply textbook psychology
it is quite certain that even they are given access to confidential ideas or
research when they read journals or research papers or when they go through
patients files but having new ideas.While it's improbable that reviewers will
be able to remove all of the material in an engaging book from their minds,
it's still immoral to steal ideas without having proper concent.
According to California Consumer Privacy Act (CCPA)There are four basic
rights that should be met: (1) the right to know (via a general privacy policy
and with more specific details subject to availability) what private
information a firm has collected about them, where it was obtained from,
what it is being used for, whether it is being publicly released or marketed,
and to whom it is being required to disclose or agreed to sell; (2) the right to
"give consent or opt out " of allowing a business to sell their data to third
parties; (3) the right to have a legal oversight. If they are being considered,
there is less need to be concerned by current conflicts. Fostering honesty and
trust are basic ethical problems in business, but more advanced quandaries
include integrating diversity, compassionate decision-making, and
management and monitoring that is consistent with the organization's
essential ideals. If all of these conditions are accomplished without
jeopardising the integrity of morals or ethics, there should be no legal
difficulties.
Uses of health app Concerns and Data Privacy Risks

Futureistic  develop negative emotions  for elderly


self-tracked data into the persons daily usability and acceptability is subjective
routine and diagnostics
self-directed therapy approaches, as well as data security concerns , the ramifications
increased physical activity of potential data theft, and data sales to
third parties

The major risks are data theft and losing valuable and sensitive information
that one idivisual might not want. When done correctly, the consent
procedure guarantees that persons are engaging in the study freely and with
full awareness of the risks and benefits. "The federal criterion requires that
the individual obtain all of the information that might reasonably impact
their desire to engage in a manner that they can grasp and interpret." The
right of individuals to secrecy and privacy is a basic element of any app
work. However, many privacy problems are unique to the research.
Furthermore, because app users have the right to select how much

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information about themselves they will divulge and under what conditions, it
should not be taken away from them.
Privacy, trust, and security are all interconnected, as are law and ethics are
also intertwined. Business associates will now be legally required to adhere
to the privacy standards of a basic business associate agreement (and the
new HITECH provisions). Security and privacy provisions depend on
trusting trusting (for example, allowing only those who someone trusts to
enter one's zone of lack of accessibility; this will not make one feel safe
unless one trusts the security provider). Invasions of privacy provide a risk
and, as a result, a security risk. When ethics cannot provide a resolve (e.g.,
ethics recognises that theft is evil; the laws sanctions thieves), law does;
ethics may lend coherence to law (e.g., Trading for profit is permitted by
law, but ethics plays a role in ensuring that commerce is handled fairly.).
Invasion of confidentiality upsets and has the ability to destroy trust.

Preventive meansures should include; Assess the risk posed by third parties.
All network access should be monitored. Identify all critical information.
Protect all endpoints. All data should be encrypted. All permits should be
reviewed. Keep an eye on the security posture of all sellers. in the event of a
violation Putting a stop to the problem's bleeding It is critical to assess
suitable adjustments (if any). Most privacy and security regulations
necessitate the inclusion of privacy and security elements in contracts. A
prerequisite for any contracts with the health care or financial services
industries. All applications must understand how these rules affect them, as
well as their vendors and customers. Information security procedures are
intended to decrease privacy and security threats. Information security

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procedures are intended to decrease privacy and security threats. These
guidelines were developed in response to specific legislation (HIPAA, GLB
for financial services) or to general "best practise" criteria (FTC)

The modern theif can steal more from an app than with a gun, Ironically,
information technology allows businesses to compete by allowing them to
collaborate in new ways. One of the most fascinating is the information
partnership, which is made possible by the exchange of consumer data.
As an example, you hire a Hertz vehicle and make reservations at a Westin
hotel; you stay in Westin hotels and earn United Airlines frequent flyer
miles. The participating divisions share databases, which are backed by
strong methods of transmitting, logging, and retrieving information; and the
corporation presents itself to the consumer as a single source of travel
services, incentives, and support. One can envision Allegis eventually
designing trip itineraries for repeat consumers.
Diverse organisations can provide unique incentives and services or engage
in collaborative marketing efforts through an information partnership. They
can take advantage of new distribution channels or implement operational
efficiency and revenue gains. Partnerships provide for increased scalability
and cross-selling. They can make tiny businesses appear, feel, and behave
large, allowing them to reach clients who were previously out of reach.
Market collaboration promotes the precise, quick, and generally low-cost
transmission of massive amounts of electronic data. Because of faster app
speeds and lower-cost mass-storage devices, information may be preserved,
cross-correlated, and accessed in ways never previously possible. Sharing
information for a partnership or merger can expose parts of an organisation

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to digital security threats, resulting in occurrences that disrupt the
availability, integrity, or anonymity of information and data systems vital to
social and economic activities As a result, an organization's assets,
reputation, and even physical activity may be jeopardised, jeopardising its
competitiveness and capacity for innovation. More importantly, if data is
traded between customers and suppliers, these breaches can have serious
consequences for the whole supply network. When it comes to important
information systems, they may jeopardise the operation of key services.

May be a major source of distraction, negatively impacting employee


engagement and productivity. Harassment and bullying Vulnerability of
brand and app in case of idea leak. A violation of privacy may occur
purposefully with malicious intent or unwittingly, but the consequences can
be as devastating to its victims. Individuals may face embarrassment, loss of
employment opportunities, loss of commercial opportunities, physical
hazards to their safety, and identity theft if privacy laws are violated. If a
proper confidentiality contract is signed then it would be much more safer to
hand app info to employers to help them understand either individual
employee or health information about overall employee population.

Hr specialists (exist for this purpose of sharing information with employers


and management of that information) must appreciate the significance of
protecting critical employee information private, such as Social Security
numbers, performance evaluations, workplace injury reports, pre -
employment screening, health-related information, salary levels, and so on.
Legal responsibilities, including such data-breach disclosure requirements

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and data protection laws (for example, the Health Insurance Portability and
Accountability Act, or HIPAA), necessitate entrepreneurs to expand policies
and methods to ensure and protecting the confidentiality of employee
information, as well as to notify employees immediately of any violation of
this sensitive information. This actually insures that the employer client
contracts stay safe as well as consumors wont get hurt in any possible way.
This is now a days legal practice and legal forms are signed at starting of job
tenure.

The app workforce is too large and diversified to be considered as a single


topic of legal issue since it spans a wide range of situations, responsibilities,
and jobs. Whether and how to professionalise will differ depending on the
function and context of the investment.
Working as a lawyer for a well-known technology investor, I have briefly
explained all the aspects for my client and for the reason he has contacted
me has been answered to a point easily understandable. The startup is
working on a consumer-facing mobile app. The startup surely is futuristic
and has its pros and cons but more importantly the lacunas in private and
security law concerning privacy and app information are a bit concerning but
even though solutions have been provided on how to efficiently manovore
the non gaps. This being future of world; legitslative assembly will surely be
making laws on it in future but for the time being in my professional opinon
the startup is more safe to invest in and has very low percentage of
uncertainty in laws.
....................................................

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