In this blog first published in the Guernsey Press, Bailiwick Data Protection Commissioner Brent Homan explains how a new tech health initiative was able to support children’s fitness while respecting privacy rights.
Whether it is your smart-watch, “Fitbit” or some other tracking device, many of us ‘adult-folk’ have used tech tools to dutifully log our daily steps or jogs, in the hopes of keeping fit or even losing a kilo or stone.
Well, Guernsey’s Health Improvement Commission, under the leadership of Alun Williams, had a vision to bring this technology to our children through a dedicated schools’ health wristband program.
The objective was elegant in its simplicity – to support healthy living in our children with a voluntary wristband program that provides ‘accurate, reliable recorded levels of activity in order to measure whether the Guernsey population is becoming more or less active’.
No one can take issue with such a laudable goal, but at the implementation phase the initiative did raise some data protection questions, leading to an engagement between my office and Mr. Williams.
What were the data protection considerations? Well, it starts with the fact that children’s information must be treated as sensitive. That sensitivity is heightened given that the data is health-related.
To that end, it was important to ensure that the data was secure and that the program was clear and transparent about who the data was to be shared with.
Regarding consent, children’s participation in the health wristband program was originally envisioned to be on a parental “opt-out” basis. However, given the sensitivity of the information and the fact that we were dealing with children, the parents needed to actively “opt-in”.
So, we arrive at the question - how do we ensure that a successful and beneficial program goes forward while ensuring children’s rights are respected? Can it be done? Well Alun Williams and the HIC gave us the answer to that question – yes!
Through openness, agility and a positive engagement with our office, Alun and his HIC team implemented greater transparency in messaging, ensured anonymization leading to enhanced security, and importantly, encouraged participating schools to commit to ‘opt-in’ parental consent.
Let’s be honest, an organization in the 3rd sector rarely has the same budget, staff or capacity of a private sector company or government agency to respond to regulatory issues.
But Alun found a way, addressing matters with purpose and expediency. He is not the only hero in this story as the Guernsey schools that he worked with were equally willing to ensure that the program was rolled out in a manner that is caring and respectful of children’s privacy rights.
But wait, the story doesn’t end here. The program was based on a wristband technology provided and powered by a UK-based company named Moki.
We had some questions for them as well regarding their handling of data, security safeguards and potential data-sharing. In our engagement with Moki, they cooperated fully and satisfied us that they had an appropriate level of security safeguards for the data that they received and held. This included key features such as encryption of data in transit and anonymization.
That said, we saw the potential for them to improve the transparency of their messaging as to the data they collect and under what circumstances that data would be shared.
To their credit, Moki recognized the merit of our recommendations and agreed to their implementation. These commitments and improvements will not only benefit the children of the Bailiwick, but children across the UK as Moki has health wristband programs in over 1,500 schools there.
So there you have it. A “made in Guernsey” illustration of how through openness, respect for privacy rights, and solution-based attitudes, potential issues can be addressed up-front, with cascading benefits beyond our Bailiwick’s shores.
I will conclude by offering a ‘tip of the hat’ to Mr. Williams and his HIC team for demonstrating that caring for data protection rights is not just something that “organizations ought to do”, but something that can drive and ensure the success of our collective ambitions to advance the health and interests of children.
With that, I would invite you to tune in to our latest ODPA Project Bijou Podcast featuring Alun Williams for the ‘rest of the story’, along with a reflection on his years of charitable service to the citizens of the Bailiwick.