A few years ago, BioTrack Technologies released a smart app for mobile devices that allowed users to track their health care spending.
But in 2014, the company filed a federal lawsuit in New York State against the state of New York, alleging that the app violated the Americans with Disabilities Act.
In the lawsuit, the NY Attorney General’s Office argued that the privacy protections of the Americans With Disabilities Education Act (ADEA) were violated by the use of data collected through the BioTrack app.
And in 2016, the Supreme Court decided that the ADA does not require bio-tracking to be a condition of employment.
The Supreme Court, however, did allow employers to require bio tracking for employees who do not have a disability.
The NY Attorney’s Office said it had not filed a complaint against the app due to privacy concerns.
In 2018, the US Supreme Court ruled that the Privacy Protection Act of 1974 (PPA) requires companies to track and disclose a user’s health information in order to avoid privacy violations.
The court did not directly address the privacy issues in the lawsuit.
The case was brought by the NY Office of the Attorney General on behalf of the NY State Assembly’s Health Information Technology Subcommittee.
The plaintiffs, who have not been named in the complaint, contend that the Biotrack app violates the privacy rights of the plaintiffs by collecting and transmitting personal health information about them without their consent.
The app collects information about the plaintiffs’ medical histories, prescription drug purchases, and medical tests.
BioTrack also uses information about their visits to doctors, pharmacies, and emergency rooms to determine whether a user is fit to work.
The New York Attorney General said in its lawsuit that the plaintiffs had filed complaints with the NY state Health Information Service (NYIS) and the Office of Labor Standards Enforcement (OLSE).
The NYIS has not yet responded to our request for comment.
The privacy issues are not limited to New York.
The US Justice Department filed a lawsuit in March 2017 on behalf a small medical device company that was sued by the US government over the use by the company of its bio-monitoring technology to track a medical condition of a former employee.
The company claimed that the company’s bio-tracking system violated HIPAA privacy regulations, and that it had been using the technology without consent from the patient.
The Justice Department said it was considering whether to file a complaint with the US Department of Health and Human Services, the Department of Labor, or the Department to Protect Journalists.