Why is GDPR Compliance important for the Wearable Health Technology Industry?
Wearable health technology refers to electronic devices designed to monitor and collect health-related data. These devices can track various physiological parameters such as heart rate, blood pressure, sleep quality, and physical activity levels and can provide valuable insights into an individual's health and wellness.
GDPR compliance is crucial for wearable health technology companies as it protects personal data, enhances transparency, and builds consumer trust, leading to better adoption and market growth.
Overview of GDPR and its Purpose in the healthcare division
The General Data Protection Regulation (GDPR) is a European Union regulation that came into effect on May 25, 2018. Its purpose is to provide individuals with greater control over their data.
Why is GDPR compliance important in the healthcare division?
In the healthcare division, GDPR is crucial in protecting patients' data. The law aims to protect patients' data by requiring healthcare technology services to handle it with care and to ensure that it is only used for legitimate purposes related to an individual’s healthcare. Healthcare technology providers must comply with the GDPR's requirements when handling patients' sensitive health information.
Some of the fundamental principles of the GDPR that apply to healthcare include:
Lawfulness, fairness, and transparency: Healthcare providers must process patients' data lawfully, fairly, and transparently.
Purpose limitation: Patients' data can only be collected and processed for specific, legitimate purposes related to their healthcare.
Data minimization: Healthcare technology providers should only collect and process the minimum personal data necessary to benefit the patient.
Accuracy: Healthcare apps and device companies must take reasonable steps to ensure patients' information is accurate and current.
Storage limitation: Healthcare technology providers must not keep patients' personal information longer than necessary.
Security: Healthcare device companies must implement appropriate technical and organizational measures to protect patients' data.
Privacy Implications of wearable health technology
Wearable health technology has its pros and cons. Here are some privacy concerns associated with wearable healthcare technology devices:
Data collection:
Wearable health technology, such as fitness trackers and smartwatches, collects sensitive personal data, including health information, activity levels, and sleep patterns. This data can be used to monitor and analyze individuals' behavior, which can be used for marketing purposes or by insurance companies to adjust premiums based on an individual's health risks.
Security risks:
The personal data collected by wearable health technology is stored and transmitted electronically, creating security risks. If the data is not adequately secured, it could be vulnerable to hacking, exposing sensitive personal information to threat actors.
Consent and transparency:
Wearable health technology should exhibit GDPR compliance and obtain user consent before collecting and sharing personal data. Additionally, companies should be transparent about how they collect, use, and share the data collected by their devices. Failure to do so could result in users sharing their personal information with knowledge, which is a red flag to any healthcare technology business.
Processing sensitive health data:
Companies that thrive on healthcare data for developing new remedies and technologies can unlawfully benefit from data collection and processing against an individual’s knowledge.
Data sharing with third parties:
Oversharing healthcare data with third-party services for marketing and advertising purposes leads to the loss of dignity of an individual’s sensitive personal information.
Eyeopener: Wearable Healthcare Technology Controversies
In 2018, a lawsuit was filed against Apple alleging that the company's heart rate monitoring technology, which is used in the Apple Watch, violated user privacy by collecting and storing personal health information without the user's consent.
The lawsuit claimed that the heart rate data collected by the Apple Watch was being shared with third-party app developers without the user's knowledge or consent, violating the norms of GDPR compliance.
Apple denied the allegations and argued that the heart rate monitoring feature was essential to the Apple Watch's health and fitness tracking capabilities and that users could control how their data was shared with third-party apps. In March 2020, the lawsuit was dismissed as the plaintiffs had failed to prove that they had suffered any harm because of Apple's alleged privacy violations.
However, the case raised important questions about privacy and data protection in the digital age. It underscored the need for a GDPR compliance checklist for U.S. companies like Apple.
Again, in 2020, a controversy arose when a fitness-tracking app on the Apple Watch was accused of promoting false advertising. The “Breathe” app claims to monitor and regulate a user's stress levels by measuring their heart rate variability (HRV).
A class-action lawsuit against Apple alleged that the app was inaccurate and that Apple had misled consumers about its abilities. The case claimed that Apple had marketed the app as capable of "helping manage everyday stress" and "bringing a sense of calm" through its HRV measurements.
In the case, the plaintiffs argued that HRV was not an accurate measure of stress levels and that the app's readings could have been more consistent and reliable. They also claimed that Apple needed to conduct more testing to ensure the accuracy of the app's readings.
In response, Apple argued that the app was not marketed as a medical device and was designed to give users a general sense of their overall wellness. Apple also argued that the app was not intended to diagnose or treat any medical conditions and was only meant to be used as a tool for self-monitoring.
The case was settled in 2021, with Apple agreeing to pay $18 million to settle the lawsuit. As part of the settlement, Apple did not admit to any wrongdoing or liability but decided to make changes to its marketing and promotional materials for the Breathe app to make it more transparent that it is not a medical device and that its readings are not intended to be used for diagnosis or treatment purposes.
Takeaway for Businesses and Consumers:
Protecting consumer privacy and data proactively is crucial when providing wearable health technology services. On the other hand, being informed and taking appropriate action can help consumers ensure that their personal information is handled according to GDPR requirements.
Businesses must incorporate measures to get GDPR Compliance for websites and mobile apps dedicated to wearable health technology devices. Informing the customers about their data collection practices and actively spreading awareness about individual data privacy rights is also important.
Implementing the services of a comprehensive consent and DSAR management platform like Adzapier can help businesses give customers greater control over personal information. Thus, creating a thriving market for wearable health technologies.
Visit Adzapier’s website to learn more about GDPR compliance for the healthcare industry and understand how comprehensive privacy management solutions can create a pleasant user experience.