Journal of Science Policy & Governance | Volume 17, Issue 01 | September 30, 2020

White Paper: ​Navigating Workplace Wellness Programs in the Age of Technology and Big Data 

Hannah-Kaye Fleming 
​
Sandra Day O’Connor College of Law, Arizona State, J.D. Candidate (2021)
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https://doi.org/10.38126/JSPG170104
Keywords: workplace wellness programs, privacy, data, technologies, HIPAA, employer, employee​
Executive Summary: Workplace wellness programs come in a myriad of forms, each with the goal of improving employee health and productivity while reducing healthcare costs. In the age of big data, wearable devices are ubiquitously incorporated into workplace wellness programs. Wearable devices in wellness programs can be beneficial for employers, employees, and health insurers alike. Nevertheless, there is an increasingly complex risk landscape associated with wearable devices in wellness programs, raising profound legal and ethical concerns related to privacy, security, information abuse, and employee autonomy. This paper will discuss the benefits and challenges of wearable devices in workplace wellness programs. Part I will introduce the benefits of workplace wellness programs. Part II will discuss the incorporation of wearable technologies in workplace wellness programs. Part III will analyze the legal and ethical challenges associated with the use of wearable technologies in wellness programs. Finally, Part IV will propose soft law, or best practices, as the most efficacious governance mechanism for employers and employees to secure benefits and balance concerns associated with the use of wearable devices in workplace wellness programs.

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Hannah-Kaye Fleming: is a third-year law student at the Sandra Day O’Connor College of Law. She will graduate in May 2021 with her J.D. and a certificate in Health Law. Hannah graduated Summa Cum Laude from Auburn University with a degree in Healthcare Administration.
 
Acknowledgements
The author would like to thank both Gary Marchant and Guy Cardineau for their insightful feedback.
DISCLAIMER: The findings and conclusions published herein are solely attributed to the author and not necessarily endorsed or adopted by the Journal of Science Policy and Governance. Articles are distributed in compliance with copyright and trademark agreements.

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