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Hastings Communications and Entertainment Law Journal

Abstract

This note examines the privacy implications of fitness trackers, devices such as Fitbit, which measure users’ movements, fitness habits, and overall health in granular detail. This note explores the privacy dangers of using fitness trackers generally and in the specific context of the workplace and Big Data. This note also draws parallels between the personal health information protected by the Health Information Portability and Accountability Act (“HIPAA”) and the personal fitness information collected by fitness trackers. This note argues that a statutory scheme, modeled after HIPAA, should be established in order to protect the sensitive personal fitness information gathered by fitness trackers.

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