Senator Charles Schumer has denounced the data collection practices of "activity trackers" such as FitBit. "Activity trackers" are mobile devices that record highly personal information about the wearer and constantly analyze the wearer's activities, including their diet, exercise, sleep, and even sexual habits. However, it is not clear whether federal privacy law protects this personal data from disclosure to third parties. EPIC has commented extensively on the privacy protections that are necessary in the "internet of things." EPIC has frequently pointed out the potential for misuse when companies collect data about sensitive consumer behavior. EPIC has made several recommendations to improve the privacy protections on devices such as "activity trackers," including requiring companies to adopt Privacy Enhancing Techniques, respect a consumer’s choice not to tracked, profiled, or monitored, minimize data collection, and ensure transparency in both design and operation of Internet-connected devices. For more information, see EPIC: FTC and EPIC: Practical Privacy Tools.
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Communications Law and Policy
Jerry Kang and Alan Butler