Taking the Pulse of Digital Health: Key Legal Issues Surrounding Wearable Technology

Imagine waking up to find your most intimate activities posted on the Internet for the entire Googling world to see (including your mom). In 2011, this was a reality for users who purchased a FitBit that not only tracked every step, but also logged every type of «exercise,» from cuddling and kissing to more. While Fitbit quickly secured the data, it was a wake-up call for companies developing wearable devices that track information related to health and fitness. Analysts estimate the retail market for wearables generated $1.4 billion in 2013, and that the industry will surpass $70 billion by 2024. To date, these wearables have appeared in different shapes and sizes — from fitness bands that monitor heart rate to glucose monitors for diabetics. Given the personal nature of the information at risk, these devices present obvious privacy and security challenges for developers and manufacturers. Just ask FitBit.