# SMARTWATCH Data Act: Plain Language Summary

The SMARTWATCH Data Act is about giving people more control over the health information collected by their smartwatches and similar wearable devices. Right now, when you wear a smartwatch that tracks your heart rate, steps, sleep, or other health metrics, the companies that make these devices collect that data and can use it in ways you might not fully understand or control. This bill would require these companies to be more transparent about what data they're collecting, how they're using it, and who they're sharing it with.

The law would give you the right to access all the health data your smartwatch has collected about you, and you could request that companies delete it. Companies would need to get your clear permission before selling your health information to third parties like insurance companies, employers, or advertisers. This is important because that data could potentially be used against you—for example, an insurance company might charge you higher premiums based on your activity levels, or an employer might make decisions about you based on your health metrics.

The bill also requires companies to follow strict security standards to protect your health data from hackers and breaches. If a company violates these rules, they could face penalties. Essentially, this legislation treats the health information from your wearable devices similarly to how medical records are protected, giving you stronger privacy rights and making companies more accountable for how they handle your personal health information.

SMARTWATCH Data Act

Cassidy, Bill

Stop Marketing And Revealing The Wearables And Trackers Consumer Health Data Act or the SMARTWATCH Data Act This bill restricts the commercial use of identifiable personal health information derived from a smartwatch or similar consumer device. The Department of Health and Human Services must enforce these restrictions. Specifically, an entity that collects personal health information from consumer devices may not transfer, sell, or otherwise allow domestic entities to access such information if the purpose is to increase profits or generate commercial value. However, the bill sets out certain exceptions to this prohibition, including where the consumer provided informed consent or where the information is necessary for specified business transactions. Furthermore, an entity that collects personal health information derived from consumer devices may not allow foreign entities to access such information unless there are certain privacy and security protections in place. In addition, any personal health information derived from a consumer device and received by health care providers, health plans, or their business associates is considered protected health information and thus subject to applicable federal privacy standards governing its use and disclosure.