Q&A: Health apps need more transparent terms of service, law experts argue
A new policy paper in Science argues that health tech companies — those that make health apps or websites — can change terms of service without adequate notice and it leaves consumers with little control over their personal data. I spoke with Jessica Roberts and Jim Hawkins, law experts at the University of Houston, to learn more.
Why can’t consumers avoid working with companies that aren’t good about updating consumers?
Hawkins: Unilateral amendments are in so many contracts that it would be very difficult for a consumer who wanted to avoid them to do so. If someone is looking for a diabetes app to track their blood sugar, it’s going to be really hard to find one that doesn’t include [ToS] that the company reserves the right to amend, sometimes with notice, and sometimes just putting it on the website.
What are you proposing has to change?
Hawkins: We’re urging Congress to step in and require that digital health tech companies get affirmative consent for any substantial changes in service.
Roberts: And it’s important that if consumers don’t consent to that set of changes, then they have the option to still be governed by the old set of terms.
STAT Plus subscribers can read the rest of our conversation here.
Why can’t consumers avoid working with companies that aren’t good about updating consumers?
Hawkins: Unilateral amendments are in so many contracts that it would be very difficult for a consumer who wanted to avoid them to do so. If someone is looking for a diabetes app to track their blood sugar, it’s going to be really hard to find one that doesn’t include [ToS] that the company reserves the right to amend, sometimes with notice, and sometimes just putting it on the website.
What are you proposing has to change?
Hawkins: We’re urging Congress to step in and require that digital health tech companies get affirmative consent for any substantial changes in service.
Roberts: And it’s important that if consumers don’t consent to that set of changes, then they have the option to still be governed by the old set of terms.
STAT Plus subscribers can read the rest of our conversation here.
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