Lisa Pierce Reisz, Member of the Firm in the Health Care & Life Sciences practice, in the firm’s Columbus office, was quoted in Axios, in “Wearables Take Center Stage in RFK Jr.’s Personal Health Push,” by Maya Goldman. (Read the full version – subscription required.)
Following is an excerpt:
Health Secretary Robert F. Kennedy Jr. envisions Americans becoming healthier by using wearable health devices that track heart rates, blood sugar and other vitals — offering real-time feedback on how food affects their bodies.
Why it matters: It's a buzzy component of a health care agenda that emphasizes self-empowerment — and self-responsibility — over relying on clinicians.
But some doctors and ethicists say the push could backfire if the devices spit out faulty data or jeopardize the safety of sensitive, personal health data. …
Driving the news: Kennedy said he'd like to see every American using wearables within the next four years, while testifying before the House in late June.
He later clarified in a statement to Axios that "they are not for everyone because of concerns like cost and personal privacy." …
Zoom out: "Wearables" refer to a wide range of electronics that people wear on their bodies to monitor health metrics — or even aid in diagnosis. …
Expanding the use of wearables also increases health data risks.
The main federal health privacy law, HIPAA, protects health data when it's used by a covered entity, like a provider or insurer. But when a consumer enters data into a health app or allows a wearable to track health metrics, their data isn't subject to HIPAA, says Lisa Pierce Reisz, a partner at law firm Epstein Becker Green.
Companies have to honor the privacy policies they've created, but terms and conditions aren't standardized and can change — and few people stop to read those policies before allowing their data to be collected anyway.
"We lose a lot of control of our data once we input it," Reisz says. "People think, 'Oh, it's just my steps,' or 'It's just my heart rate,' but it potentially is so much more when you look at location information, or if you start to add details about menstrual periods."
That's sensitive information that, if leaked or exposed, could endanger people's safety or be used against them.
The growing threat of cyberattacks also complicates the picture.
Hackers could break into wearable device companies' systems and access troves of people's personal health data.
