The privacy, security and discoverability of data on wearable health devices: Fitness or folly?

Abstract

With data from wearable health devices increasing at a rapid rate, it is important for lawmakers to make sure that this data remains well protected. This paper will question the perceptions of people with respect to current and future use of wearable health devices, especially if the security and privacy risks to their data are more commonly understood, and particularly if this data is discoverable and admissible in court. It will explore the electronic discovery issues with data from wearable health devices in the context of litigation and examine how the current rules of court procedure and evidence would be applied. The paper will review the federal and state legislation that may or may not provide protection for data from wearable health devices. The authors intend to use their paper as a vehicle to advocate for stronger statutory protection and greater clarity about the use of and potential risks to this data, including when the data becomes evidence in litigation.