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The federal government is trying to use Medicaid data to identify and deport immigrants. So EFF and our friends at EPIC and the Protect Democracy Project have filed an amicus brief asking a judge to block this dangerous violation of federal data privacy laws.

Last month, the AP reported that the U.S. Department of Health and Human Services (HHS) had disclosed to the U.S. Department of Homeland Security (DHS) a vast trove of sensitive data obtained from states about people who obtain government-assisted health care. Medicaid is a federal program that funds health insurance for low-income people; it is partially funded and primarily managed by states. Some states, using their own funds, allow enrollment by non-citizens. HHS reportedly disclosed to DHS the Medicaid enrollee data from several of these states, including enrollee names, addresses, immigration status, and claims for health coverage.

In response, California and 19 other states sued HHS and DHS. The states allege, among other things, that these federal agencies violated (1) the data disclosure limits in the Social Security Act, the Privacy Act, and HIPAA, and (2) the notice-and-comment requirements for rulemaking under the Administrative Procedure Act (APA).

Our amicus brief argues that (1) disclosure of sensitive Medicaid data causes a severe privacy harm to the enrolled individuals, (2) the APA empowers federal courts to block unlawful disclosure of personal data between federal agencies, and (3) the broader public is harmed by these agencies’ lack of transparency about these radical changes in data governance.

A new agency agreement, recently reported by the AP, allows Immigration and Customs Enforcement (ICE) to access the personal data of Medicaid enrollees held by HHS’ Centers for Medicare and Medicaid Services (CMS). The agreement states: “ICE will use the CMS data to allow ICE to receive identity and location information on aliens identified by ICE.”

In the 1970s, in the wake of the Watergate and COINTELPRO scandals, Congress wisely enacted numerous laws to protect our data privacy from government misuse. This includes strict legal limits on disclosure of personal data within an agency, or from one agency to another. EFF sued over DOGE agents grabbing personal data from the U.S. Office of Personnel Management, and filed an amicus brief in a suit challenging ICE grabbing taxpayer data. We’ve also reported on the U.S. Department of Agriculture’s grab of food stamp data and DHS’s potential grab of postal data. And we’ve written about the dangers of consolidating all government information.

We have data protection rules for good reason, and these latest data grabs are exactly why.

You can read our new amicus brief here.

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Staying safe whilst dating online should not be the responsibility of users—dating apps should be prioritizing our privacy by default, and laws should require companies to prioritize user privacy over their profit. But dating apps are taking shortcuts in safeguarding the privacy and security of users in favour of developing and deploying AI tools on their platforms, sometimes by using your most personal information to train their AI tools. 

Grindr has big plans for its gay wingman bot, Bumble launched AI Icebreakers, Tinder introduced AI tools to choose profile pictures for users, OKCupid teamed up with AI photo editing platform Photoroom to erase your ex from profile photos, and Hinge recently launched an AI tool to help users write prompts.

The list goes on, and the privacy harms are significant. Dating apps have built platforms that encourage people to be exceptionally open with sensitive and potentially dangerous personal information. But at the same time, the companies behind the platforms collect vast amounts of intimate details about their customers—everything from sexual preferences to precise location—who are often just searching for compatibility and connection. This data falling into the wrong hands can—and has—come with unacceptable consequences, especially for members of the LGBTQ+ community. 

This is why corporations should provide opt-in consent for AI training data obtained through channels like private messages, and employ minimization practices for all other data. Dating app users deserve the right to privacy, and should have a reasonable expectation that the contents of conversations—from text messages to private pictures—are not going to be shared or used for any purpose that opt-in consent has not been provided for. This includes the use of personal data for building AI tools, such as chatbots and picture selection tools. 

AI Icebreakers

Back in December 2023, Bumble introduced AI Icebreakers to the ‘Bumble for Friends’ section of the app to help users start conversations by providing them with AI-generated messages. Powered by OpenAI’s ChatGPT, the feature was deployed in the app without ever asking for their consent. Instead, the company presented users with a pop-up upon entering the app which repeatedly nudged people to click ‘Okay’ or face the same pop-up every time the app is reopened until individuals finally relent and tap ‘Okay.’

Obtaining user data without explicit opt-in consent is bad enough. But Bumble has taken this even further by sharing personal user data from its platform with OpenAI to feed into the company’s AI systems. By doing this, Bumble has forced its AI feature on millions of users in Europe—without their consent but with their personal data.

In response, European nonprofit noyb recently filed a complaint with the Austrian data protection authority on Bumble’s violation of its transparency obligations under Article 5(1)(a) GDPR. In its report, noyb flagged concerns around Bumble’s data sharing with OpenAI, which allowed the company to generate an opening message based on information users shared on the app. 

In its complaint, noyb specifically alleges that Bumble: 

• Failed to provide information about the processing of personal data for its AI Icebreaker feature 
• Confused users with a “fake” consent banner
• Lacks a legal basis under Article 6(1) GDPR as it never sought user consent and cannot legally claim to base its processing on legitimate interest 
• Can only process sensitive data—such as data involving sexual orientation—with explicit consent per Article 9 GDPR
• Failed to adequately respond to the complainant’s access request, regulated through Article 15 GDPR.

AI Chatbots for Dating

Grindr recently launched its AI wingman. The feature operates like a chatbot and currently keeps track of favorite matches and suggests date locations. In the coming years, Grindr plans for the chatbot to send messages to other AI agents on behalf of users, and make restaurant reservations—all without human intervention. This might sound great: online dating without the time investment? A win for some! But privacy concerns remain. 

The chatbot is being built in collaboration with a third party company called Ex-human, which raises concerns about data sharing. Grindr has communicated that its users’ personal data will remain on its own infrastructure, which Ex-Human does not have access to, and that users will be “notified” when AI tools are available on the app. The company also said that it will ask users for permission to use their chat history for AI training. But AI data poses privacy risks that do not seem fully accounted for, particularly in places where it’s not safe to be outwardly gay. 

In building this ‘gay chatbot,’ Grindr’s CEO said one of its biggest limitations was preserving user privacy. It’s good that they are cognizant of these harms, particularly because the company has a terrible track record of protecting user privacy, and the company was also recently sued for allegedly revealing the HIV status of users. Further, direct messages on Grindr are stored on the company’s servers, where you have to trust they will be secured, respected, and not used to train AI models without your consent. Given Grindr’s poor record of not respecting user consent and autonomy on the platform, users need additional protections and guardrails for their personal data and privacy than currently being provided—especially for AI tools that are being built by third parties. 

AI Picture Selection  

In the past year, Tinder and Bumble have both introduced AI tools to help users choose better pictures for their profiles. Tinder’s AI-powered feature, Photo Selector, requires users to upload a selfie, after which its facial recognition technology can identify the person in their camera roll images. The Photo Selector then chooses a “curated selection of photos” direct from users’ devices based on Tinder’s “learnings” about good profile images. Users are not informed about the parameters behind choosing photos, nor is there a separate privacy policy introduced to guardrail privacy issues relating to the potential collection of biometric data, and collection, storage, and sale of camera roll images. 

The Way Forward: Opt-In Consent for AI Tools and Consumer Privacy Legislation 

Putting users in control of their own data is fundamental to protecting individual and collective privacy. We all deserve the right to control how our data is used and by whom. And when it comes to data like profile photos and private messages, all companies should require opt-in consent before processing those messages for AI. Finding love should not involve such a privacy impinging tradeoff.

At EFF, we’ve also long advocated for the introduction of comprehensive consumer privacy legislation to limit the collection of our personal data at its source and prevent retained data being sold or given away, breached by hackers, disclosed to law enforcement, or used to manipulate a user’s choices through online behavioral advertising. This would help protect users on dating apps as reducing the amount of data collected prevents the subsequent use in ways like building AI tools and training AI models. 

The privacy options at our disposal may seem inadequate to meet the difficult moments ahead of us, especially for vulnerable communities, but these steps are essential to protecting users on dating apps. We urge companies to put people over profit and protect privacy on their platforms.