Uncertain Terms

Authors

Leah R. Fowler, Research Assistant Professor, University of Houston Law Center, and Research Director, Health Law & Policy Institute
Jim Hawkins, Alumnae College Professor in Law, University of Houston Law Center
Jessica L. Roberts, Leonard H. Childs Chair in Law, Director of the Health Law & Policy Institute, Professor of Law, and Professor of Medicine (by courtesy), University of Houston

Abstract

Health apps collect massive amounts of sensitive consumer data, including information about users’ reproductive lives, mental health, and genetics. As a result, consumers in this industry may shop for privacy terms when they select a product. Yet our research reveals that many digital health tech companies reserve the right to unilaterally amend their terms of service and their privacy policies. This ability to make one-sided changes undermines the market for privacy, leaving users vulnerable. Unfortunately, the current law generally tolerates unilateral amendments, despite fairness and efficiency concerns. We therefore propose legislative, regulatory, and judicial solutions to better protect consumers of digital health tech and beyond.

Recommended Citation

Leah R. Fowler, Jim Hawkins & Jessica L. Roberts, Uncertain Terms, 97 Notre Dame L. Rev. 1 (2021).
Available at: https://scholarship.law.nd.edu/ndlr/vol97/iss1/1