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38 Hastings Comm. & Ent. L.J. 91 (2016)
Why Should We Care What Fitbit Shares - A Proposed Statutroy Solution to Protect Sensative Personal Fitness Information

handle is hein.journals/hascom38 and id is 105 raw text is: Why Should We Care What Fitbit Shares?: A Proposed Statutory Solution to Protect Sensitive Personal Fitness Information by MICHELLE M. CHRISTOVICH* I. Introduction ........................................92 II. Background ................................... .....93 A. The Rise of Fitness Trackers .....................93 B. The Reasonable Expectation of Privacy ..................95 C. The Health Information Portability and Accountability Act of 1996...........................................97 III. The Heightened Privacy Concerns Presented By Using Fitness Trackers to Record and Transmit Personal Fitness Information.....100 A. The Dangers of the Quantified Self............. .......100 B. Fitbit in the Office: Incentivized Sharing of Fitness Information in the Employment Context........... ......102 C. Big Data Is Always Watching: The Dangers of Big Data and Fitness Trackers. ............................. .....104 1. Consumers' Lack of Perception About the Predictive Power of Big Data Compromises Their Ability to Make Informed Decisions About Their Fitness Information............105 2. Because Data Gathered Today Will Likely Be Used for Unforeseen Purposes, It Is Unlikely that Current Privacy Protections Will Be Able to Adequately Guard Against Future Uses of Data..................... ........107 3. As It Becomes Easier to Re-identify Users Through Anonymized Data, the Line Between Identifying and Non-identifying Data Is Beginning to Disappear ...............109 IV. Proposal: Statutory Guidelines for Fitness Trackers Modeled After HIPAA....................... .............. 112 A. Flexibility: The Key to Staying Ahead of the Technological Curve............... .................... .....113 J.D Candidate 2015, University of California, Hastings College of the Law. I would like to thank Professor Jill Bronfman for her valuable advice and feedback. 91

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