Background
Just over 12 months ago, I wrote a piece concerning Google™ purchase of FitBit™, Garmin™, and Fossil™’s smartwatches , whilst Facebook™ commencing to develop its own smartwatch1,2. At the time, I published a policy paper outlining recommendations for reform to address the ethical, social, and legal gaps in the current Data Privacy, Consumer Data Rights, and Australian Competition regulatory frameworks.
However, this time I intend to consider the consumer point of view and what these technology giants could do to help such devices be used as Medical Internet of Things (MIoT).
Being Honest
The reality is that these smartwatches are evolving so fast that their health monitoring and assessment capabilities have reached the tipping point where they could genuinely assist the health industry in providing a better service for their patients. For example, medical staff in the emergency ward could quickly scan the heart data captured by a patient’s smartwatch to understand better what might have contributed to the reported chest pains.
Therefore, although I am not happy with the idea that data commercialisation companies have my health data up for sale, if I had to be honest with myself, at the same time I would happily share it with the health industry if I felt that it might detect a health issue before it becomes problematic, or assist a doctor with their triage if I found myself in the emergency ward, or assist in expediting my recovery.
What Would It Take
From a consumer perspective, in order for me to feel comfortable with the capturing and sharing of my health data, I would want the following agreements to be accepted by both the technology company and the health service(s).
Privacy and Security: The health data should be encrypted when not stored on either the consumer device or when being referenced by the authorised health practitioner. In the same way that TikTok had a limited period of time for a person to see a shared photo, the expectation is that the same approach should happen with the duration of health data could be seen by an authorised 3rd party; e.g. doctor.
Accuracy of Data: Wearable devices are not always accurate, and the data they collect may not always be reliable. A data accuracy standard should be put in place in the same way that smartwatches align with the “Ingress Protection (a.k.a. IP)” standard for dust and waterproofing. This would increase the trust and reliability of smartwatches when used by health practitioners.
Data Ownership: There is also a question of who owns the data collected from these devices. The individual who wears the device may consider the data to be personal, while the healthcare provider may see it as part of their patient’s medical record, and the watch technology company could claim it as their own as their technology captured/wrote the data. Regulators would need to ensure that the rights and responsibilities of individuals and healthcare providers with regard to this data are clearly defined and that individuals have control over how their data is used and shared. By default, a recommendation would be that the data would always be owned by the consumer wearing the device. Each time a healthcare firm or a smartwatch company will want to share the data, they would need to go back to the consumer and (re)ask for temporary sharing/use permission. Unlike other data captured by smartwatches, regulations should be put in place so that firms could never be able to seek consumer approval to operate outside this boundary. Regulators should also enforce that consumers are not pressured into sharing data by the technology companies; e.g. consumers that paid $1k for the smartwatch, find out that they either have to pay another separate subscription or their data can be used by the technology company.
Standardization: The use of wearable technology in the healthcare industry is still in its early stages, and there is a lack of standardization in the types of data that are collected, and the methods used to collect it. Regulators and technology companies should work together to develop a set of standards for data collection.
Conclusion
In conclusion, the use of wearable technology and health data has the potential to transform the healthcare industry and improve patient outcomes. However, before widespread adoption can occur, regulators and healthcare providers must take into account the privacy, security, accuracy, and ethical considerations associated with the use of this technology. By working together, they can ensure that wearable technology is used in a safe, secure, and responsible manner that benefits both individuals and the healthcare industry as a whole.
References:
- Alex Heath 2021, ‘Facebook plans first smartwatch for next summer with two cameras, heart rate monitor’, The Verge, 9 June 2021, viewed 28 Aug 2021, https://www.theverge.com/2021/6/9/22526266/facebook-smartwatch-two-cameras-heart-rate-monitor
- Tim Fisher 2023, ‘Meta Smartwatch: News, Rumors, and Estimated Price, Release Date, and Specs ’, Lifewire, 23 Jan 2023, viewed 10 Feb 2023, https://www.lifewire.com/facebook-smart-watch-5208441