穿戴式科技發展下隱私權保護之探討

The Study on Protection of Privacy Rights under Development of Wearable Technology

過去三十幾年來，科技以驚人的速率發展，在許多方面，科技之蓬勃遠遠走在法律前面，新興科技的增值使得個人資料、資訊被蒐集、儲存，該等資料隱私及安全之要求漸受到關注，這當中隱藏最重要之隱私風險厥為醫療及個人健康資訊數位化，因該等資料得以透露個人最私人的、最秘密的資訊，隱私及安全之保護傳統上業存在掌握醫療及個人健康資訊之機構及產業，然新興科技之引進使得該等保護出現落差。而資料監控發展之核心即為穿戴式裝置，得以經常直接穿戴於人體上，並使用以攫取、匯聚、分析廣泛之個人健康資料，該等裝置不僅能提供個人對於每日作息更深度之瞭解，也提供了一個分享傳遞資訊予第三人團體，包含健康照護提供者、保險公司的機會。穿戴式科技乃聯網裝置而得以蒐集資料、追蹤活動及客製化經驗，以符合使用人之需求及欲望，穿戴式科技為物聯網中成長最快速的部分，且在未來對於社會有廣泛之影響力，穿戴式科技將挑戰現存之社會、經濟及法律規範，特別的是，引發各式各樣隱私及安全之關注。本文論述之重點將放在我國與美國法制之比較。

Over the past 30 years technology has developed at an astonishing rate. In many ways, the development of technology has outpaced the law. As the proliferation of new technologies allows for increased amounts of personal data to be collected and stored, increased attention is required for the privacy and security of such data. The most significant privacy risks arise from the digitization of medical and personal health information, since such data can reveal an individual’s most personal and private in-formation. Privacy and security protections already exist for institutions and industries that traditionally handle medical and personal health infor-mation, but gaps in those protections can emerge with the introduction of new technologies. At the core of data monitoring advancements are wear-able devices, which are often wore directly on the bodies of individuals and used to capture, aggregate, and analyze a wide range of personal health data. Such devices not only provide individuals greater insight into their daily actions, but also present an opportunity to share generated infor-mation with interested third-parties, including health care providers and insurance companies. Wearable technologies are networked devices that can collect data, track activities, and customize experiences to users’needs and desires. Wearable technologies are among the fastest-growing segment of IoT and promise to have widespread societal influences in the coming years. As with other new and highly disruptive digital technologies,　however, IoT and wearable technology will challenge existing social,　economic, and legal norms. In particular, these technologies raise a variety of privacy and safety concerns. This study especially put stress on compar-ing U.S. and Taiwan legal norms around wearable technology.