Data mining of personal health data stored on wearable personal devices like smartwatches would be prohibited under a bipartisan bill recently introduced by U.S. Sen. Bill Cassidy (R-LA).
The Stop Marketing And Revealing The Wearables And Trackers Consumer Health (SMARTWATCH) Data Act, S. 500, which Sen. Cassidy sponsored last week with cosponsor U.S. Sen. Jacky Rosen (D-NV), would prohibit the transfer or sale of certain consumer health information, among other purposes, according to the text of the bill.
“Smartwatches and wearable tech can collect an amazing amount of data about your health with or without your knowledge,” Sen. Cassidy said. “The SMARTWATCH Data Act prevents big tech from collecting or selling data without the user’s consent. Americans should always know their health information is secure.”
Specifically, the SMARTWATCH Data Act would define what data is protected under the Health Insurance Portability and Accountability Act (HIPAA), which currently does not protect health data recorded on personal devices. The U.S. Department of Health and Human Services would enforce violations under the bill just as it now enforces HIPAA, according to a bill summary provided by Sen. Cassidy’s office.
Sens. Cassidy and Rosen originally introduced the same-named bill in November 2019 but the bill stalled in the U.S. Senate Health, Education, Labor, and Pensions Committee.