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14 Nw. J. Tech. & Intell. Prop. 139 (2016-2017)
The Angel on Your Shoulder: Prompting Employees to Do the Right Thing through the Use of Wearables

handle is hein.journals/nwteintp14 and id is 81 raw text is: Copyright 2016 by Northwestern University Pritzker School of Law Volume 14, Number 2 (2016) Northwestern Journal of Technology and Intellectual Property The Angel on Your Shoulder: Prompting Employees to Do the Right Thing Through the Use of Wearables By Timothy L. Fort,* Anjanette H. Raymond * & Scott J. Shackelford ABSTRACT The wearable revolution is upon us. Bulky chest straps and large wristbands are going the way offlip cellphones and floppy disks. In the near future, for example, it may be commonplace for athletes to wear Biostamps or smart T-shirts with embedded sensors during practices, games, and even sleep. And while athletic competitors may have been one of the first movers in the area, health care, the military, and the industrial sector have all begun to use wearables to harness vast treasure troves of information destined to provide highly individualized feedback. The possibilities are almost endless when such personal information is combined with big data analytics in the name of improving large- scale efficiency. Interestingly, employers were one of the first movers in the wearable revolution. Yet, other than basic tracking of people and goods, there is still a tremendous potential for expansion. What i wearables could be harnessed to assist employees in avoiding conflict of interests? Uhat ifwearables could assist employees in identifying ethical dilemmas and could then prompt them to consider alternative courses of action? What if the wearable evolution became an ethical revolution? But the drawbacks of using wearables in such a manner must also be critically analyzed. This Article takes this step by exploring the use of wearables as personal information gathering devices that feed into larger data sets. It then considers some of the legal and policy implications of the use and aggregation of data in such a manner and ultimately makes suggestions for bottom-up baseline regulation. Ultimately, we argue for the desirability of leveraging this emerging technology, subject to privacy and security safeguards, to help drive an ethical revolution in business cultures. * Eveleigh Professor of Business Law and Ethics, Indiana University. ** Assistant Professor of Business Law and Ethics, Indiana University; Adjunct Assistant Professor of Law, Maurer School of Law, Indiana University; Visiting Fellow in International Commercial Law, Centre for Commercial Law Studies, Queen Mary, University of London. The authors would like to thank the participants at the research colloquium, Law and Ethics of Big Data, co-hosted by Indiana University and Virginia Tech, is sponsored by the Center for Business Intelligence and Analytics in the Pamplin College of Business, Virginia Tech, the Kelley School of Business at Indiana University and the Poynter Center for the Study of Ethics and American Institution at Indiana University for their valuable assistance, comments and feedback. All errors are those of the authors. *** Assistant Professor of Business Law and Ethics, Indiana University; Senior Fellow, Indiana University Center for Applied Cybersecurity Research; W. Glenn Campbell and Rita Ricardo-Campbell National Fellow, Stanford University Hoover Institution.

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