Smartwatches, fitness trackers, and health-monitoring rings have become everyday tools for tracking wellness and managing medical conditions. The wearable tech market has surged, reaching over $100 billion in 2023. But as these devices collect detailed health and lifestyle data, many users are unaware of how that information is used—or who it’s shared with.
Modern wearable devices can monitor heart rate, oxygen levels, sleep, body temperature, menstrual cycles, and more. Many also gather GPS location and lifestyle data like step counts, activity levels, and stress indicators. This creates an incredibly detailed portrait of someone’s health and habits, information that’s not only useful to the wearer or their physician, but also highly valuable to advertisers, insurance companies, and data brokers.
While it might feel like this data belongs to you, it often doesn’t. Many wearable device companies include broad permissions in their terms of service that allow them to share or sell user data. Most people agree to these terms without fully understanding how their personal information might be used for marketing, analysis, or even resale.
The Health Insurance Portability and Accountability Act (HIPAA) was designed to protect sensitive health data, but it only applies to medical providers, health plans, and their business associates. Most wearable tech companies, unless they’re working directly with a provider on your behalf, are not required to follow HIPAA rules. Even when devices are used as part of a treatment plan, protections may be limited or unclear.
Some states, such as California and Illinois, have enacted stricter consumer privacy laws that offer more control over personal data. But in the absence of a uniform federal law, many people are left without clear protections, and may not even know their rights vary by state.
To help protect your data, be proactive. Review the privacy terms of your devices and apps. Change settings to restrict third-party access when possible. Don’t connect devices to services you don’t trust, and use offline features if available. Stay alert to news about data breaches or company policy changes.
As wearable technology becomes more advanced and more intertwined with health care, stronger legal safeguards are urgently needed. Until then, staying informed and cautious is your best defense.
You may also want to include a HIPAA release as part of your estate plan. We can help ensure your private information and other assets remain protected. Give us a call at 605-275-5665.
Read more: Love Your Wearable Technology? Know What You're Sharing