If 2014 was the year of the fitness tracker, then 2015 seems destined to be the year of the smartwatch. Whilst there are a range of potential legal consequences for CSPs in becoming involved in wearable tech, from consumer and product liability issues (if the CSP retails such products) to advertising and marketing issues (in relation to the promotion of such products and services), it is the data issues which are potentially of most interest.
Data protection is a key consideration for those seeking to exploit the data-related capabilities of wearable technology.
Wearables can offer unparalleled insights into an individual’s activity; in order to provide these insights, the device (or an app installed on the device) must collect information on the individual.
A CSP that partners with a device manufacturer or software developer in order to acquire information collected by wearables must be mindful of the obligations imposed by data protection legislation.
Further, if wearables use a SIM or are connected to a SIM-enabled device then CSPs may already be in possession of, or automatically acquire, certain categories of very valuable personal information as a result of usage, including location (or at least cell ID), billing history and the user’s key social circle (from call records).Read more