To track or not to track? Employees’ data privacy in the age of corporate wellness, mobile health, and GDPR†

Abstract

... The latest digital health developments have allowed for a better tracking of individuals’ health through wearable devices and health apps, also known as ‘mobile health’ (mHealth). mHealth companies do not only target individual consumers, but also businesses, as they see a market in corporate health and wellness programs. As such, some employers now offer employees to use fitness wristbands or smartwatches so that employees can monitor their health at work and beyond. These devices and apps enable users to track their exercise, number of steps, sleep patterns, eating habits, and a myriad of other health-related activities, which are typically not connected to work. For example, the Apple Watch Series 5 offers to monitor heart rate and glucose levels, and collects, the user's health information in the user’s iPhone Health app.’1 Employers present mHealth devices and apps as company ‘perks’ for employees. However, the use of mHealth devices may come at a price for employees, who may share their most personal information, namely their health information, with their employer and third parties, such as mHealth developers, and/or insurance companies. For example, an employee may share unwillingly or unknowingly information with his/her employer about his/her diabetes condition, heart disease, or insomnia. Sharing this information with the employer not only affects the employee’s right to privacy and data protection, but also his/her right to non-discrimination, as the employer…