In the world of wearable tech, how is data used?

The millions of wearable technology gadgets out in the world are gathering untold amounts of data about how many steps we take, where we go and what our heart rate is during the day.

But what happens to that data?

That’s what Professor Tim Hall is researching. His first step: reading the terms of service agreements of the major companies that manufacture these devices. Who owns the data? Do companies have the right to sell it? What happens if there’s a data breach?

His next step will be to analyze the way this data is used and regulated. For example, credit rating companies gather information from many sources and are regulated.

“Should we use the Fair Credit Reporting Act as a way to start thinking about how we regulate non-HIPAA health and fitness data?” Hall asks.

It’s clear that consumer data is valuable, but is it property? Do consumers have the right to opt out of having their data collected?

Justice Louis Brandeis advocated for the right to be left alone, Hall says.

“I’m talking about the right to be left unquantified.”

This article originally ran in the November 2016 issue of Bar Briefs, a publication of the Louisville Bar Association.