Who Really Owns All Your Health Data? ...Middle East

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In discussing this topic with friends and family, most everyone I know assumed their health data enjoys robust federal protections under HIPAA (the Health Insurance Portability and Accountability Act). Sadly, they're wrong. HIPAA applies exclusively to "Covered Entities," aka health plans and healthcare providers. The fitness tracker on your wrist? Not covered. The period-tracking app on your phone? Not covered. The sleep monitor beside your bed? You get the picture.

What happens when we don't own our health data

I remember firsthand when my friends and I frantically deleted apps period-tracking apps after the Supreme Court overturned Roe v. Wade in 2022. What once felt like simple tools for monitoring my cycle suddenly looked a lot like potential evidence in criminal investigations. We were terrified our menstrual data could be subpoenaed to prove we'd had abortions, and this fear wasn't paranoid. As Zayas explains, governments can purchase the same data anyone else can and cross-reference it with location information from mobile phones. "When you had—or skipped—your period can imply if you are pregnant or trying to get pregnant," he says. "Governments can buy this information and tie it to your recent trips to decide if you had an abortion or miscarriage."

Like with the period-tracking fears, the very real concern here is that same data streams that help you feel in control of your health—that make your daily life more "optimized"—can be exploited for insurance profiling, targeted advertising, or even employment decisions, if data-sharing policies aren't strictly controlled. Let's take a look at the fine print to see where exactly your data is going, and what you can do to protect yourself.

Zhen recommends a shortcut: Search for keywords like "sell" or "share" within privacy policies to quickly understand what happens to your data. "Most of the time, companies are de-identifying individuals from their data because they want to aggregate information and speak to certain demographics," she explains. That aggregation still might raise ethical concerns, but according to Zhen, it's industry standard practice these days.

How to protect yourself in the digital health age

Even if you trust a company's privacy policy today, there's another threat lurking: cybersecurity breaches. "The real risk that we accept on a daily basis is hackers and cyber attacks," Zhen says.

When asked about period-tracking apps in the current political climate, Zhen says these service providers "may be at a higher rate of being targeted by cyber attacks because of restrictive reproductive laws." This is important to keep in mind across platforms: What information are you willing to risk?

Read the damn privacy policy. Zhen's advice is to go straight to the privacy policy for every point of data collection and search for keywords like "sell" and "share." Most policies include data retention information and a contact email where you can request details about what information they hold on you.

Practice good data hygiene. As a rule, avoid ever giving out your mobile number. Use alias email addresses you don't use elsewhere. Enable a VPN to hide your identity and location. Turn on multi-factor authentication everywhere.

Remember that privacy policies aren't binding contracts. Companies typically reserve the right to modify their terms whenever they want.

The bottom line

If you are the kind of person who posts on social media, downloads apps to order takeout, and accepts risk as it comes with the convenience of modern tech norms, then "downloading a reputable health metrics app is usually going to be fine—so long as the privacy policy isn't directly stating they're selling your data," Zhen says.

The question isn't whether to use health tech. For many people, the benefits are too significant to ignore. The question is whether we're making that choice with full awareness of what we're giving up—and whether the companies collecting our data can be held accountable, if and when a reckoning comes.

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