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They won't judge you, but your health insurance rate might go up for unspecific reasons. See, most comments here are a bit on the side of So what? Who cares?,

by WA 9y ago

They won't judge you, but your health insurance rate might go up for unspecific reasons. See, most comments here are a bit on the side of So what? Who cares?, but fitness data is health data and health data is considered extra sensitive. And I guess rightly so, because of this: http://www.tearsheet.co/data/allstate-is-watching-you-how-the-insurer-uses-social-media-to-check-claims http://www.tearsheet.co/data/allstate-is-watching-you-how-th... My prediction is that most health-related apps will be regulated in the near future. It's already happening with the GDPR to some extend, which classifies health data as sensitive requiring extra protection (and extra consent from users). A breach like that (if fitness data was leaked) could result in heavy fines under GDPR (or something like the Medical Device Regulation, which is starting to extend to medical/health apps), if it becomes clear that the company didn't take security seriously enough.

taborj 9y ago
Most EMR (electronic medical records) software isn't even regulated, though about 8-10 years ago there was a big todo about it coming down the line. Still hasn't happened. I would expect the EMRs to be regulated long before consumer apps.
- nradov 9y ago
  Most EMR vendors specifically design their products to not be medical devices. They simply store, display, and transmit patient charts. If the FDA was to regulate EMRs as medical devices then logically they would also have to apply the same rules to filing cabinets and fax machines.
  - mygo 9y ago
    If they are used to store protected health information it’s the practice’s duty to make sure they comply with HIPAA regulations. So for example can’t leave that file cabinet unlocked out in the front lobby. When I was looking to make an app for a clinic they had to do a security review of the app. If the data wasn’t encrypted at rest it was a no-go. There are entire data companies sprouting out to address this issue. I think TrueVault is a Y-Combinator alum.
    - nradov 9y ago
      You missed the point. HIPAA security regulations are entirely separate from FDA medical device regulations.
      - mygo 9y ago
        Aah, gotcha. Well if the FDA medical device regulations don’t cover it, is there not still the possibility of some other regulation still effectively covering it? For example something like, the way my device functions may not be regulated but the use of my device by a medical provider is regulated.
        nradov 9y ago
        Most EMRs don't meet the legal definition of a medical device and nothing a provider does can change that. There are a variety of other regulations in this space. You'll have to be more specific about functionality to determine which rules apply.
nradov 9y ago
Insurance companies are tightly regulated by state and federal authorities. There is zero chance they would break the law by using illegal data to change pricing for a tiny fraction of their members. And even if they could legally use the data, their actuaries would have a tough time actually using it considering the lack of research about how fitness activities impact claims expenses.

by WA 9y ago

taborj 9y ago

Most EMR (electronic medical records) software isn't even regulated, though about 8-10 years ago there was a big todo about it coming down the line. Still hasn't happened. I would expect the EMRs to be regulated long before consumer apps.

nradov 9y ago
Most EMR vendors specifically design their products to not be medical devices. They simply store, display, and transmit patient charts. If the FDA was to regulate EMRs as medical devices then logically they would also have to apply the same rules to filing cabinets and fax machines.
- mygo 9y ago
  If they are used to store protected health information it’s the practice’s duty to make sure they comply with HIPAA regulations. So for example can’t leave that file cabinet unlocked out in the front lobby. When I was looking to make an app for a clinic they had to do a security review of the app. If the data wasn’t encrypted at rest it was a no-go. There are entire data companies sprouting out to address this issue. I think TrueVault is a Y-Combinator alum.
  - nradov 9y ago
    You missed the point. HIPAA security regulations are entirely separate from FDA medical device regulations.
    - mygo 9y ago
      Aah, gotcha. Well if the FDA medical device regulations don’t cover it, is there not still the possibility of some other regulation still effectively covering it? For example something like, the way my device functions may not be regulated but the use of my device by a medical provider is regulated.
      - nradov 9y ago
        Most EMRs don't meet the legal definition of a medical device and nothing a provider does can change that. There are a variety of other regulations in this space. You'll have to be more specific about functionality to determine which rules apply.

nradov 9y ago

Insurance companies are tightly regulated by state and federal authorities. There is zero chance they would break the law by using illegal data to change pricing for a tiny fraction of their members. And even if they could legally use the data, their actuaries would have a tough time actually using it considering the lack of research about how fitness activities impact claims expenses.