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Posted by bundie 3 hours ago

Samsung Health app threatens data deletion if users opt out AI training(neow.in)
222 points | 61 comments
rdtsc 2 hours ago|
> The company plans to grab four categories: your sleep, your medications, your medical records, and your cycle tracking details

So you buy a device but you can't effectively use half of its features because you'd also have to agree to send them your medical records? Ok then if I refuse, will they refund 50% of the device price since now it's not usable any more?

benjiro29 2 hours ago||
If your in EU, you contact the local EU consumer group where you buy the device.

https://www.europe-consommateurs.eu/en/who-we-are/about-us/e...

And file a complaint... As that breaches a dozen or more EU laws. If a lot of people do it in all the countries, it becomes a national issue.

That is the only way you fix things, and yes, we have had multiple successes with companies taking the piss. Even Samsung can not escape as their have officies in the EU and sell products there.

For the folks outside the EU, ... Its a harder fight and you need to look up your local agencies.

skeledrew 14 minutes ago|||
Buying a device doesn't mean vendor-hosted services are included, unless explicitly stated. This is the kind of thing why they can get away with taking unsolicited actions on people's devices whenever they want. CUT THAT CORD!
andy99 1 hour ago|||
I had a ~2008 vintage Samsung phone with a fingerprint sensor that gave your blood oxygen level (SpO2). One day it told me something similar, I had to agree to send them data or I couldn’t use it. So I never used it again, but yeah they have been abusing their costumers a long time.

This is they same company whose tvs take pictures of what you are watching and send them back to Samsung.

wolvoleo 51 minutes ago||
Every TV does that unfortunately. It's called automatic content recognition but every manufacturer has a different euphemism for it.

It's definitely not just Samsung. As bad as this is. The problem is bigger than just them.

sam1r 2 hours ago||
[flagged]
JoshTriplett 2 hours ago|||
> I really feel like "grab" is quite condescending

By all means, let's use a more appropriate term, like "abuse" or "misappropriate". It's not sufficiently condescending for a company that's trying to train AI on people's private health data.

mcmcmc 1 hour ago||
Do you think those services are “free”? If you want cloud storage and syncing, it comes at a price. If you’re not paying with money, you’re paying with your privacy and freedom.
aftbit 1 hour ago|||
I sorta assumed they were making money from selling you the device.
JoshTriplett 1 hour ago|||
We are not required to permit every possible business model to exist. Companies are desperately trying to get their hands on every piece of data they can get to train AI, hence the abominable use of "opt out", which is already horrible even without the added bait-and-switch coercion of "or we'll make the device you already purchased worse".

"pay or consent" stunts have already been ruled illegal under the GDPR. This goes even further than that, where you don't even have the option to pay.

BigTTYGothGF 2 hours ago||||
> condescending

How can you be "condescending" to a company?

ben_w 1 hour ago||
Same way as towards a natural person, I recon?
Barbing 2 hours ago||||
Samsung can mitigate the harm and frustration by providing users options. Would you prefer this pathway of their way or the highway?
ben_w 1 hour ago||||
> I really feel like "grab" is quite condescending to a company (Samsung) that provides services at scale (upon/after consent) to help you.. "be better" (simplified..), with direct customization and tailoring.

The headline as described sounds to me like they're violating GDPR by tying to force "consent" for a not-strictly-necessary-for-functionality use of health data. The European Data Protection Board has repeatedly stated that consent is (generally) not considered to be "freely given" if there is a significant detriment for refusing it or if the user has no genuine choice.

Note however that caveat: as described. There may be some more details which make this not unlawful. Also, actually deleting your data if you don't consent is the kind of thing GDPR requires.

customguy 2 hours ago|||
"snatch with their spider leg like fingers that are dripping with digestive fluid"
sunaookami 2 hours ago||
Bought a Galaxy Watch 7 two years ago, the hardware is good and One UI on the watch itself is also quite good (and the last major update improved it) but Samsung Health is such a shit app. Constant ads for some "courses" or videos and things I don't care about. Downloading my personal data doesn't even work, it sends me right to the browser with an error message that I'm "not logged in correctly" and it wants access to all my pictures & videos (seems like a wrong permission prompt there but when I decline it it also fails with "we need access to all your photos & videos". Why? Just send me a download link via email or use SAF and let me pick a download location).

Thanks to this article I also noticed the UI was redesigned. At least I could keep my layout but it didn't work like it should, it added some useless cards. It also asked about new "optional" data sharing which I of course declined. There is now a notice that my data wasn't backupped to my Samsung account the last 3 days (???) and the data synchronization doesn't work, the buttons do nothing, it just says "disabled" even though everything is enabled... typical Samsung shitware. Haven't noticed anything with AI training (there is no option) but I'm also in the EU.

aleph_minus_one 2 hours ago||
Where is the catch? You rather get two good things if you don't agree:

- Samsung deletes your sensitive health data

- Samsung does not use this data to train some AI

:-)

orbital-decay 2 hours ago||
The catch could be they actually do neither of that and train on it silently.
delduca 2 hours ago||
I was thinking exactly the same…
gmuslera 2 hours ago||
In some way they are telling that they respect your privacy. Or they have your data (and then do something with it, now or later), or no one will.

They could provide some Google-style takeout to get your data before deletion, but that may not have any meaning or practical use without their devices and software.

vitally3643 9 minutes ago||
They don't respect your privacy, they value your private data. Two very different things.
sam1r 2 hours ago||
Completely agree. Or maybe, just like most products in tech -- they are currently en route to "take out" style data deletion... and it's being released shortly.
gardnr 2 hours ago||
This is like Google Ultra for personal accounts. I signed up to see what it was like and then assumed I would be able to disable training on my data as a paid customer. The only way to disable training on paid personal accounts is to disable history (no chat logs) which makes the service much less useful for me.

For Google Workspace accounts that use the Ultra plan you can disable training while retaining history. I didn't bother signing up again. It is user-hostile.

cute_boi 2 hours ago|
Yes, you will have to pay lot of money and you will have to surrender data too.
skeledrew 20 minutes ago||
This actually seems kinda OK. Consent to train is payment for hosting that data. Find another health app/service with more preferable terms if you don't like it. My only beef is if they do an immediate delete without providing a reasonable method for users to export that data first, which is how it reads.
gdulli 2 hours ago||
Something I appreciate about Samsung phones is that having a Samsung account is completely optional. I've never had one. If I accidentally click on one of the dumb AI features I'm not even allowed to use it without an account.
datadrivenangel 2 hours ago||
shouldn't this get them turbo obliterated in europe?
seydor 2 hours ago|
no, in fact gdpr requires that they get consent before they process the data.

They are not preventing people from accessing the data, only indefinite storage as i understand. They may claim that storage is needed for the processing (which might make sense, they want to train on the whole time series).

ptx 2 hours ago|||
Recital 11 of the GDPR says that consent must be "freely given", and recital 43 says (in part):

"Consent is presumed not to be freely given if it does not allow separate consent to be given to different personal data processing operations despite it being appropriate in the individual case, or if the performance of a contract, including the provision of a service, is dependent on the consent despite such consent not being necessary for such performance."

wolvoleo 2 hours ago||||
Yes but that consent must be given freely. There can't be undue pressure. Unfortunately this part is not well defined but it looks like the AI training part is not required to deliver the service to the specific user so I do think that if challenged it will be ruled afoul of GDPR.
abroszka33 2 hours ago||
I think Facebook lost a similar lawsuit recently where you had to accept that they can use your data or pay to access the site. And it was found illegal in the EU.

The problem is that it takes years and users don't wait for years. There should be a way to harm these companies more on the EU level.

antalis 1 hour ago||
They can get fined for up to 2 or 4% of their global annual revenue depending on the violation severity.
varispeed 2 hours ago|||
Indeed, gdpr was created for corporations to have legal basis to process and sell data. Before gdpr it was a gray area. It was never about privacy.
makeramen 44 minutes ago||
Gemini does the same (though not with health data). The only way to opt out of training on your data is to disable all Gemini chat history.
kklisura 2 hours ago|
One day we will perhaps be able to forgive these companies for mismanaging our data, but we will never forgive them for making us regulate them.
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