Prescribing wearable tech

Abstract

Wearable devices such as smartwatches and fitness bands are increasingly being touted for use in healthcare. The suggestion that they could enhance treatment while reducing costs has resonated with governments in the USA, the UK, and beyond. This exploratory article examines the regulatory challenges that arise as wearables transition from consumer to health contexts. The amount of data wearables generate poses a challenge to device manufacturers and data processors—whose terms and conditions and security measures have drawn numerous data protection, privacy, and surveillance concerns. This article presents findings from empirical research into contemporary use of wearables in the UK, based on a Freedom of Information request submitted to 37 National Health Service Hospital Trusts. It casts doubt on whether individual consent to data processing is appropriate for a healthcare context characterized by unequal power dynamics between patients, health professionals, and corporate interests. The assumption that consent will suffice forms the basis of existing regulations, including the EU General Data Protection Regulation 2018 and the UK Data Protection Act 2018. Alternative regulatory models, including open data and data sovereignty, should be considered if public healthcare systems are to utilize wearables without damaging patient trust and confidence.