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19 J. High Tech. L. 279 (2018-2019)
Health Data Privacy and Security in the Age of Wearable Tech: Privacy and Security Concerns for the NFLPA and WHOOP

handle is hein.journals/jhtl19 and id is 279 raw text is: HEALTH DATA PRIVACY AND SECURITY IN THE AGE OF WEARABLE TECH: PRIVACY AND SECURITY CONCERNS FOR THE NFLPA AND WHOOP Terence M. Durkin* I. Introduction As the proliferation of new technologies allows for increased amounts of personal data to be collected and stored, increased attention is required for the privacy and security of such data. 1 Perhaps the most significant privacy risks arise from the digitization of medical and personal health information (hereinafter PHI), since such data can reveal an individual's most personal and private information.2 Privacy and security protections already exist for institutions and industries that traditionally handle medical and personal health information,' but *J.D. Candidate, Suffolk University Law School, 2019. 1 See KATHRYN C. MONTGOMERY ET AL., HEALTH WEARABLE DEVICES IN THE BIG DATA ERA: ENSURING PRIVACY, SECURITY, AND CONSUMER PROTECTION 5 (Am. Univ., School of Commc'n. 2017) (discussing a report that found that current regulatory systems fail to provide adequate safeguards over consumers' personal health information collected by wearable technology); Fouzia F. Ozair et al., Ethical Issues in Electronic Health Records: A General Overview, PERSP. IN CLINICAL RES. (Jun. 2015), archived at https://perma.cc/NVB5-WVQJ (explaining that patients may be susceptible to improper sharing of personal medical data and that medical providers will have to combat these growing ethical concerns). 2 See Ozair, supra note 1 (offering some solutions to securing electronic health record information, such as encryption). Encryption allows for sensitive information to remain private and exclusively accessible to authorized parties. Id. ' See Federal Food, Drug, and Cosmetic Act, Pub. L. No. 75-717, 52 Stat. 1040 (1938), (codified as amended at 21 U.S.C. §§ 301-399 (2012)) (prohibiting the movement of adulterated and misbranded food, drugs, devices, and cosmetics through interstate commerce); Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936 (1996), (codified as amended at 42 Copyright © 2019 Journal of High Technology Law and Terence M. Durkin. All Rights Reserved. ISSN 1536-7983.

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