Privacy Not Included: Federal Law Lags Behind New Tech

From: Gizmodo

The federal privacy law known as HIPAA doesn’t cover home paternity tests, fitness trackers or health apps. When a Florida woman complained after seeing the paternity test results of thousands of people online, federal regulators told her they didn’t have jurisdiction.

The Health Insurance Portability and Accountability Act, a landmark 1996 patient-privacy law, only covers patient information kept by health providers, insurers and data clearinghouses, as well as their business partners. At-home paternity tests fall outside the law’s purview. For that matter, so do wearables like Fitbit that measure steps and sleep, testing companies like 23andMe, and online repositories where individuals can store their health records.

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That same year, some users of the Fitbit tracker found that data they entered in their online profiles about their sexual activity and its intensity — to help calculate calories burned — was accessible to anyone. Fitbit quickly hid the information.

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