One of the selling points of Apple and Google’s Exposure Notification API is the emphasis on privacy, where both companies will be using anonymized data and explicit user consent. As a result, some governments are choosing not to use the Exposure Notification API due to the various restrictions Apple and Google put in place.

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However, it’s starting to feel like those restrictions might actually be a good thing. This is because according to a recent finding of privacy software specialist Jumbo Privacy, they have discovered that North Dakota’s Care19 app was actually sharing user information with third-parties like Foursquare and (ironically enough) Google, despite the fact that their privacy policy states that user data will not be shared unless given explicit consent by the user, or if compelled under federal regulations.

According to ProudCrowd, the company that developed the Care19 app, they claim that Foursquare integration was a mistake that it will be fixed. The company also issued a statement that reads, “The Care19 application user interface clearly calls out the usage of Foursquare on our Nearby Places’ screen, per the terms of our Foursquare agreement.”

“However, our privacy policy does not currently explicitly mention this usage. We will be working with our state partners to be more explicit in our privacy policy. It is important to note that our agreement with Foursquare does not allow them to collect Care19 data or use it in any form, beyond simply determining nearby businesses and returning that to us.”

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