Wearable Technology and Medical Privacy

Author: Clarip’s Director of Sales

In early 2011, when my wife and I found out that she was pregnant – May 1, the same day we killed Osama Bin Laden – I knew that my life was going to be irrevocably changed and for the better. The next day, my wife and I called our insurance agent and purchased life insurance. In addition, my wife inquired at her hospital about changing our health insurance. As it turned out, her hospital, like lots of companies, had a “corporate wellness program” in which employers incentivize their employees to “get fit” by offering cash rewards, paid time off and more. The benefit cuts both ways – the employee sheds a few pounds, lowers her blood pressure and/or cholesterol, and the employers get a reduction in their health costs and liability.

Although my wife’s hospital didn’t require it at the time, a number of employers now “politely ask” their employees also add a wearable – Fitbit, Apple Watch, etc – so as to both monitor their employees progress and keep encouragement high! According to the Wall Street Journal (WSJ), “for companies with large work forces, the prospect of tracking people’s whereabouts and productivity can be welcome. But collecting data on employees’ health and their physical movement can trigger a host of potential ethical and legal headaches for employers.” Therein lies the rub, or as my grandfather used to say, “the devil is ALWAYS in the details.”

The privacy concerns for employees are obvious, but for employers the potentiality of harm, although not as yet totally defined, is in legal exposure, particularly as it relates to the Americans with Disabilities Act (ADA). According to the WSJ, “claims under the Americans with Disabilities Act might be the greatest risk for employers who collect activity data, says Philip Gordon, co-chair of the privacy practice at employment law firm Littler Mendelson PC. For example, if a warehouse employee does poorly on tracked activity measures on the job, the employer might need to consider whether the data could indicate a physical disability that would require the employer to make a reasonable accommodation. The employer may need to ask itself, “‘Do I need to initiate a discussion with this employee about whether the productivity was related to a disability?’”says Mr. Geller.

The reality, particularly for employers, is that we, as a society, are entering into uncharted territory as it relates to health, employment and technology. As such, for those that serve as Chief Privacy Officer, CISO, General Counsel the answer is Clarip. Clarip is an AI based data, privacy and consent management platform that can shield you from needless liability and exposure. Please visit www.clarip.com for further details.

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