Semantron 24 Summer 2024

The rights of athletes

trackers and smartwatches. Fitness trackers have become particularly popular due to the need for people to track their daily activities and develop an understanding on areas for improvement in their lives. 5

Recent data estimates the global wearable market was expected to expand from US $35 billion in 2020 to about US $115 billion by 2028, an increase that is driven by the increasing demand by athletes, as well as health and wellness monitoring. 6 In the UK, the government has also recognized the potential of wearable data collection technology for improving public services and addressing challenges such as fraud. 7 According to information from the UK government, the worn device category will become the most dominant IoT sector in the future, with more than 270 million pieces of worn devices expected to be shipped in 2023. 8 However, the growth of popularity in the wearable devices IoT category is not without challenges. One of the most pressing challenges of wearable data collection technology is ensuring the privacy of the data that the device collects. Based on the information provided by a 2021 Deloitte publication, the Connectivity and Mobile Trends Survey, 40% of Americans who use smartwatches and fitness trackers are concerned about the privacy of their data, and this percentage rises to 60% for those who subscribe to a service that provides health and fitness reports based on their device data. 9 Such findings indicate that wearable users are becoming more aware of the need for data privacy, especially when that data is medical in nature and moving over networks to third-party companies. Consumer wearable makers should work to build trust by defending the privacy and security of health data and being transparent about which other entities have access to that data. 10 Another notable challenge of wearable data collection technology is how security is ensured for the data on the device, over networks, and on their services. There is a high chance that breaches and cyberattacks can compromise the confidentiality and integrity of personal data collected through wearables. 11

5 Hutchinson, S., Mirza, M. M., West, N., Karabiyik, U., Rogers, M. K., Mukherjee, T., ... & Pettus-Davis, C. (2022). Investigating Wearable Fitness Applications: Data Privacy and Digital Forensics Analysis on Android. Applied Sciences , 12 (19), 9747. 6 Arkenberg, C. (2021). Why consumers — and doctors — are wary about wearable data. Deloitte Insights. Retrieved from https://www2.deloitte.com/uk/en/insights/industry/technology/wearable-technology-healthcare-data.html. 7 Government Office for Science. (2021). Trend Deck 2021: Technology. Retrieved from https://www.gov.uk/government/publications/trend-deck-2021-technology/trend-deck-2021-technology. 8 Ibid. 9 Arkenberg, C. (2021). Why consumers — and doctors — are wary about wearable data. Deloitte Insights. Retrieved from https://www2.deloitte.com/uk/en/insights/industry/technology/wearable-technology-healthcare-data.html. 10 Ibid. 11 Morton Fraser Lawyers. (2020). What are the data protection law implications for wearable technology? https://www.morton-fraser.com/insights/what-are-data-protection-law-implications-wearable-technology.html.

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