Charles Sturt University: Apps and Privacy: Ethical Case Study

This case study explores the ethical dimensions of mobile applications and data privacy, examining the tension between the benefits of apps and the risks to user information. It begins by highlighting the rapid growth of the mobile app market and the associated concerns about data security and privacy. The paper then delves into ethical perspectives, including utilitarianism, deontology, virtue ethics, and contract theory, to analyze the collection and use of personal data by app developers. The analysis considers the implications of data breaches, the responsibilities of developers, and the need for robust privacy policies. The study concludes by emphasizing the importance of balancing innovation with user protection, and recommends measures such as government oversight, strengthened data protection laws, and the adoption of secure coding practices to enhance data privacy and security. The paper advocates for a proactive approach to ensure that mobile applications are used ethically and responsibly.

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Apps and Privacy: An Ethical Case Study

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Introduction
The number of mobile applications available for users of smart phones and other smart
devices has exploded in recent years (Zhu, Xiong, Ge & Chen, 2014). The mobile application
sector and market still has immense growth opportunities and so will continue its exponential
growth in the near future (Golmack, 2017). Due to the high variety of mobile apps, issues related to
their security and privacy are still not well understood (Zhu, Xiong, Ge & Chen, 2014; Zhu, He,
Xiang, Zhang & Pattavina, 2016). the risk of data privacy implies more people are disinclined to
adopt mobile apps, despite the benefits they would otherwise obtain from using the apps hence the
need for interventions such as mobile recommender systems to help consumers make a better choice
(Harris, Brookshire & Chin, 2016; Zhu, Xiong, Ge & Chen, 2014). Research shows that more than
half of the available mobile applications lack a privacy policy, 68% have unacceptable transparency
score, 28% had questionable transparency scores, with just 4% receiving an acceptable transparency
score in as far as data privacy and security is concerned (O'Loughlin, Neary, Adkins & Schueller,
2019; Paganini, 2015). This paper discusses the issue of data privacy and security for mobile
applications in the context of ethical theories and then makes recommendations on the way forward,
based on the analysis and conclusions drawn.
Discussions
Utilitarian Perspective
According to the utilitarian perspective, the choice that is most ethical is one where the
greatest good is produced for the greatest number of people (Sheng, 2012). In this perspective, the
mobile applications and the data collected while using the applications can be used for numerous
other purposes apart from just obtaining administrative and billing information about subscribers.
The apps need data from one’s smart device in order to provide better functionality, be it in
imaging, directions, or health services. By providing better services to a large population, there is
justification for the apps to collect and user user data, including very private information.
The data collected can be used for other purposes than intended, which benefit a greater number of
people; chat information, movement information, and browsing history can be used by security
agencies to track a lost person, detect and deter criminal activities such as terrorism, or even
improve national security (Glanz, Larsson & Lehren, 2014). Policy makers can use this data to
better understand people, what they browse, help people at risk, such as teenagers, and to
understand disease trends (for health apps). This data is can also be very useful to social and
anthropological researchers, as well as marketers and product developers due to the large
information and insights they provide about people. As such, mobile apps are right in collecting and
using personal data for purposes other than specified in their contract with the user (subscriber).

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This is because the greatest number of people including policy makers, governments, the society at
large, and the research community will benefit.
Deontology Perspective
According to the deontology theory of ethics, rules and regulations are used to distinguish
what is right and morally acceptable from what is wrong (Hooker, 2012). In this context, there are
strict and specific laws of data privacy in Australia, specifically the Federal Privacy Act 1988
(Office of the Australian Information Commissioner, 2019) as well as the The Australian Privacy
Principles (Miralis & Gibson, 2019). Under this act, anyone that collects any personally identifiable
information or data about a person, for instance their address, name, contacts, occupation, and
medical history/ issues must ensure they comply with all requirements as set in the Data protection
and Privacy Act. The application developers bear the sole responsibility for ensuring user data
safety and privacy. Using personal data for any other purpose, including through hacking and
identity theft constitutes an illegality. In reality, there are always rules and regulations and an
obligation for people to abide by them but despite this, there are still cases of data hacking and
intentional data breaches, including some entities selling off private data for profit. As empirical
evidence from research indicates, most mobile apps lack acceptable standards on transparency on
how they use patient data or the data they collect, while a majority (51%) lack a privacy policy,
despite being aware of existing laws on data privacy and security (O'Loughlin, Neary, Adkins &
Schueller, 2019).
Virtue Perspective
The Virtue theory of ethics posits that practice should be used to acquire the character that
enables people live a life of morality. If people practice honesty, generosity, and desist from being
covetous, then a behavior that is honorable and ‘virtuous’ is developed, and so a moral character is
built that will not engage in acts of immorality or lack of ethics (Worthington & Worthington,
2019). With a character that is moral, just, and ethical, people will make the right choices when
faced with a moral dilemma; a would be hacker will desist from hacking private data even if the
financial rewards would be enormous. This theory argues that the mobile app developers and
providers should treat private user data as if it were their own (Solum, 2018). Likewise, entities
such as authorities, policy makers, drug manufacturers, insurers, or researchers will not seek to find
and use such personal data, except with express permission by the subscribers (patients), who are
the owners of the data. To achieve this, the owner would, for instance, be required to provide a
special code whenever their data is requested to unlock and enable access to the data by the mobile
application provider, supplemented by Artificial Intelligence to detect breaches and attacks before
hand. In this context, then all players will not breach data because it may harm the victim, but this is

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impacted by several other factors, including social structures, religion, and other anthropological
differences where decisions on the issue of data privacy is subject to different interpretations. In one
location, say China, it would not be wrong to use private data to improve treatments and disease
management to protect the rest of the population, while in Australia and the USA, this would be
anathema. As such, using the virtue theory to ensure data security may be a tall order as it is subject
to interpretation.
Contract Perspective
The contract perspective holds that in any society, there are guiding principles on how
people ought to live, and a failure to abide results in consequences and repercussions (Conill-
Sancho, Lütge & Schönwälder-Kuntze, 2017) . For instance, if you jump the traffic lights, you are
penalized through a fine and points deducted from your driving license. The prevailing laws and
regulations on data privacy and security in this case establishes an agreement between the
concerned parties; the application developers and providers will collect personal data from users for
purposes of quality service delivery and administration, such as correct billing, only. It is the
responsibility of the application developers to ensure data security and privacy; data such as user
location must not be taken, and if collected, must never be shared. Would be hackers must also
respect this agreement; a breach attracts serious legal ramifications and so the existing laws provide
a moral and ethical compass of what is right or wrong. But this also only applies where such laws
are explicitly stated and there are no gray or ambiguous areas regarding the applicable laws. As
such, all parties have the motivated to abide by the data privacy act and its relevant regulations and
laws as an abiding contract, failure for which there are serious legal consequences, but ensuring
these regulations are met and any breaches prosecuted and punished is another story.
Conclusion
Based on the preceding analysis, data privacy and security and their breach is a moral, legal,
and ethical issue; personal data should not be breached or misused, even if the greater goals are
good for the society and persons whose data has been used. The important issue, then, is, will the
existing laws and acts prevent misuse of private data? The answer is definitely no; research already
shows that most mobile apps lack policies on user data privacy despite the existence of laws. On the
one hand, the mobile applications provide important services, ranging from mobile health to ride
hailing and sharing at cost-effective rates and are motivated by commercial interests. On the other
hand, they have a responsibility to comply with laws and ensure there is no data breaches, even if
sharing such data can result in policies that benefit the owners of this data, such as better security
and product design or research purposes.
Recommendations

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Mobile apps should continue to be used but with greater requirements for compliance, such
as having State and Federal authorities evaluating the privacy and security policies implemented by
mobile app developers and providers. There should be licensing for such services so that their
applications are tested for compliance and certification provided before they are licensed for public
use, just as other products like cars or medicines undergo rigorous testing before being licensed for
public use. Further, laws must be strengthened to ensure user consent is sought, in non ambiguous
terms, before their data can be used for any other purpose than was intended. The mobile apps
should be mandated to collect only data that is not personally identifiable so that individuals do not
suffer damage if this data is breached, such as by hackers. Regulators must mandate the collection,
transport, and storage of such information and ensure safety features such as encryption to render
them unusable even if breached or shared. App developers must ensure the apps have inbuilt
security features including anti-malware to detect and lock malicious software and must not be
linked to social media accounts. The mobile applications must be designed to ensure data privacy
and security through using high level programming, secure access that require either two-step
authentication or face recognition.

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