Health Data Confidentiality and Ownership in Indian Wearable Technology

Abstract

Have you ever considered what happens to the health data you generate daily through wearable devices such as smartwatches, fitness trackers, and rings? This question is addressed in the digital contracts that we often hastily agree to by clicking the "I agree" button. 1 Each company producing such wearable technology must mandatorily have a privacy policy detailing the use of our data 2. The European Union's high standard of data protection, as embodied in the Global Data Protection Regulation (GDPR), is an exemplary piece of legislation 3. Similarly, the Indian government's initiative in creating the Data Protection Bill, 2023, a comprehensive data protection act, is a commendable step in the right direction. The emphasis on health data, or data in general, reflects how a country respects its citizens' right to privacy. In India, the right to privacy has been established as a fundamental right under Article 21 of the Constitution, as recognised in the Justice Puttaswamy case 4. This essay will explore the significance of health data and how various domestic and international entities manage it. It will also consider the potential repercussions of the unethical commercialisation of health data on fundamental rights, particularly Article 21 of the Indian Constitution, which guarantees the right to privacy to all individuals, regardless of citizenship.

Keywords: Data Commercialisation, Health Data Confidentiality, Wearable Technology, Data Protection, Privacy Policies, Regulatory Compliance

JEL Classification: K30