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CANADIANLAWYERMAG.COM/INHOUSE MAY/JUNE 2019
itness trackers are just one of the data-gathering devices that
we either wear or stare at too many times in a day that have
exploded in popularity in recent years. They are also increas-
ingly offered to staff as part of employee wellness programs in
large companies.
Any incentive to encourage employees to be more active is
likely to be good for a business. However, it could potentially
raise privacy issues, since these devices can compile and store
health information as well as exercise totals. A story earlier this
year in the Washington Post recounted how an employee at a
plastics fabrication business in Texas, who had previous health
issues, was surprised to receive a call from the company's own
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er praising a recent increase in daily steps by the worker.
For individual consumers, we have long been made aware
of the amount of personal data stored on our smartphones and
laptops and what to do if disposing of the devices. The im-
portance of wiping personal data now, though, may also be re-
quired in many other consumer purchases such as when selling
a car or returning it at the end of a lease.
Fast-changing technologies and improving data analytics
mean that the collection of information about employees and
customers — much of what might be private in nature — is in
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evitable. At the same time, there is commercial value in much of
this data. For in-house counsel, this means trying to balance the
requests of the sales side against regulatory requirements, while
also demonstrating that effective privacy practices are good for
business and especially its reputation with its customers.
Thrown into this challenging mix are guidelines issued by
the federal privacy commissioner that took effect on Jan. 1.
They require companies to obtain "meaningful consent" when
obtaining private information. How it will be used and shared
and the potential risks in the sharing of this information must
also be outlined. With more companies migrating to the cloud
and increasing data sharing, either internally or with business
partners, this could also raise multi-jurisdictional issues in the
area of compliance and risk management.
