Facebook is facing a new round of controversy amid claims it is using sensitive data from third party apps - some which hold information about consumers' menstrual cycle.
An investigation by the Wall Street Journal found several apps are sending sensitive data to Facebook, even when the user does not have an account.
The apps include the Flo Period & Ovulation Tracker, which reportedly shares information with Facebook when users were having their periods or when they were trying to become pregnant.
Instant Heart Rate HR Monitor is another app implicated by the investigation, with claims it sends users' heart rates to Facebook immediately after it is recorded.
The report has prompted Governor of New York Andrew Cuomo to call on the state's financial services department to "immediately investigate" what he called a "outrageous abuse of privacy".
Is this happening in Australia?
UNSW Law lecturer Dr Katherine Kemp said there is no proof to-date the same apps are sharing data in Australia - but it's possible.
"Most consumers aren't aware how personal and sensitive information in passed around," she said.
"This does highlight how important it is that our privacy laws are strengthened."
In Australia, it would be illegal for healthcare apps to share information without "informed consent" - but information on how apps use your data is often buried in the Terms and Conditions.
"The privacy policies of online platforms and apps often headline with reassuring statements and leave concerning disclosures in fine print," she said.
Dr Kemp said Australia's privacy regulator - Office of the Australian Information Commissioner - many hold the view that our privacy regulator is not sufficiently well-funded to properly enforce the law and deter breaches.
"For a long time there has been a view that the OAIC is underfunded, but that is far more concerning in online environment where personal data is monetised."
Investigation ongoing
The Australian Competition and Consumer Commission (ACCC) is part-way through a public inquiry into digital platforms - including Facebook - and preliminary findings released last year outlined concerns regarding the extent to which consumers' data is collected and used to enable targeted advertising.
The ACCC said the large amount and variety of data which digital platforms such as Google and Facebook collect on Australian consumers goes beyond what users actively provide when using the digital platform.
The consumer watchdog said it is considering a recommendation for a specific code of practice for digital platforms' data collection to better inform consumers and improve their bargaining power.
The ACCC chair Rod Sims said that although Google and Facebook's market domination was not strictly illegal, greater oversight was needed.
"Australian law does not prohibit a business from possessing significant market power or using its efficiencies or skills to 'out compete' its rivals," he said.
"But when their dominant position is at risk of creating competitive or consumer harm, governments should stay ahead of the game and act to protect consumers and businesses through regulation."
The final report is expected to be released in July.
