Seemingly every day, new types of wearable devices are popping
up on the market. Google Glass, Samsung's Gear, Fitbit (a
fitness and activity tracker), Pulse (a fitness tracker that
measures heart rate and blood oxygen), and Narrative (a wearable,
automatic camera) are just a few of the more popular
"wearables" currently on the market, not to mention
Apple's "iWatch," rumored to be released later this
year. In addition, medical devices are becoming increasingly
advanced in their ability to collect and track patient
behavior.
As wearables become more sophisticated and prevalent, they're
beginning to attract the attention of senators and
regulators. Earlier this week, U.S. Senator Chuck Schumer
(D-N.Y.) issued a press release calling on the Federal Trade
Commission ("FTC") to push fitness device and app
companies to provide users with a clear opportunity to
"opt-out" before any personal health data is provided to
third parties. Schumer's concern is that the data
collected through the devices and apps – which may include
sensitive and private health information – may be potentially
sold to third parties, such as employers, insurance providers, and
other companies, without the users' knowledge or consent.
Schumer called this possibility a "privacy nightmare,"
given that these fitness trackers gather a wide range of health
information, such as medical conditions, sleep patterns, calories
burned, GPS locations, blood pressure, weight, and more. This press
release comes on the heels of an FTC workshop held in May that analyzed how
some health and fitness apps and devices may be collecting and
transmitting health data to third parties.
Schumer's comments were of particular interest to us.
We've been beta-testing Google Glass for the past several
months as we try to get a better understanding of the types of data
privacy and security risks that wearables pose in the corporate
environment. As the devices continue to gain popularity, we
expect regulators, legislators, and companies to start paying
closer attention to the data security and privacy risks associated
with their use.
This article is presented for informational purposes only and is not intended to constitute legal advice.