2.3.2 Security
‘Security’ tends to refer to addressing external threats to data-driven systems. An example is the 2020 Vastaamo data breach in Finland, noted earlier in the report ( X X). To recap, over 30,000 people’s psychotherapy records from the Vastaamo private counselling service were hacked and used to extort victims, in what the then public prosecutor described as perhaps the largest criminal case in Finnish history in terms of the number of victims.293
Security assurances against data concerning mental health and disability must exist in the interest of protecting the integrity and confidentiality of personal data. According to Martinez-Martin and colleagues, ‘[b]ehavioral health information is a valuable commodity, and it is likely that companies will take further advantage of the lax security and privacy landscape’.294 Indeed, the healthcare sector is particularly attractive for those perpetrating cyberattacks, with major incidents reported worldwide.295 Kyriaki Giota and George Kleftaras point out that ‘[p]ersonal health information is of great value for cyber-criminals and can be used in order to obtain medical services and devices, or bill insurance companies for phantom services in the victim’s name’.296
Mental health apps – again, of which there are reportedly over 10,000 – appear particularly vulnerable to poor security processes. A study by Kit Huckvale and colleagues found that not one of the 79 apps in the UK NHS Health Apps Library encrypted user data stored on the phone.297 The apps did commonly use password security, though Huckvale and colleagues observed that this could lead a user to believe their data were secure.
One common strategy to address security concerns is to seek to anonymise, de-identify, or aggregate data where possible.298 Another strategy is to make clear the specific content of rights and obligations for technology developers, product manufacturers, or service providers and ‘end users’.299
Concepts such as ‘security by design’ have been floated to address security concerns early on.300 A key component of responsible governance would be ensuring that institutions that are handling data concerning mental health, distress and disability meet relevant data security requirements. Martinez-Martin and colleagues have also stressed that the ‘details of [security] measures, and who shall prescribe them and monitor compliance, will need explicit definition and should be included in the informed consent process’.301
Security will remain a pressing task for the foreseeable future. To date, cybersecurity researchers have detected compromises in more than 100 million smart devices around the world.302 It will be unsurprising to see more major breaches of data concerning mental health and disability in the near future.
Go Mental by Josh Muir in Science Gallery Melbourne’s MENTAL. Photo by Alan Weedon.
- 290 Martinez-Martin et al (n 284).
- 291 Ibid.
- 292 Ibid. The evaluation they propose could span likely scenarios but also unanticipated ones. Unanticipated scenarios are more likely where machine learning and other algorithmic technologies are used, given they may evolve in unexpected ways as new input is processed.
- 293 ‘Compensation Uncertain for Vastaamo Victims’ (n 236).
- 294 Martinez-Martin et al (n 284).
- 295 Robert N Charette. Healthcare IT systems: tempting targets for ransomware. IEEE Spectrum. 1 Feb 2018. https://spectrum.ieee.org/riskfactor/computing/it/healthcare-it-systems-tempting-targets-for-ransomware. Accessed 13/07/2021.
- 296 Kyriaki G Giota and George Kleftaras, “Mental Health Apps: Innovations, Risks and Ethical Considerations” (2014) 3 E-Health Telecommunication Systems and Networks 19, 21. Cited in McSherry (n 150) 897.
- 297 Huckvale et al (n 199).
- 298 Gooding and Kariotis (n 43).
- 299 Standard Administration of China and Paul Triolo, ‘White Paper on Artificial Intelligence Standardization’ excerpts in English published by New America (January 2018) (See Principle 3.3.1.).
- 300 European Commission’s High-Level Expert Group on Artificial Intelligence, ‘Ethics Guidelines for Trustworthy AI’ (2019) p.21.
- 301 Martinez-Martin et al (n 100).
- 302 Lily Hay Newman, ‘100 Million More IoT Devices Are Exposed—and They Won’t Be the Last’ (13 April 2021) Wired https://www.wired.com/story/namewreck-iot-vulnerabilities-tcpip-millions-devices/.