Smart watches collect health data such as heart rate, ECG and blood oxygen. Legal status is improving.
Health Data Collected
- Heartbeat (24/7)
- ECG
- Blood oxygen (SpO2)
- Sleep data
- Step/activity
- Stress level (HRV)
- Fall detection
- Women's health data
Medical Device Status
- Apple Watch ECG: US FDA approved
- Not yet evaluated as a medical device in Türkiye (usually)
- Medical device status = strict regulation (Ministry of Health)
In Terms of KVKK
- Health data = special quality (m.6)
- Explicit consent condition
- Transfer abroad limited (Apple, Samsung servers)
- Additional protection measures
Rights of the Data Owner
- Seeing the data
- Download
- Requesting deletion
- Rejection for use for marketing purposes
Insurance Effect
- Use in health insurance premiums controversial
- Voluntary sharing with insurance discount
- Risk of discrimination (elderly/patient)
Medical Decision Making
- Physician can accept smart watch data as evidence
- Not an official medical device
- Accuracy is debatable
- Physician is responsible for the decision
KVKK Board Approach
KVKK The Board has imposed an additional duty of care on smart device manufacturers within the scope of "health data processing" and has increased supervision, especially in international transfers.
Practical Recommendations
- Turn off unnecessary data sharing in application settings
- Reject marketing permissions
- Additional protection for sensitive data (passcode, password)
- Assess risk before sharing insurance
KVKK and health law lawyer recommended.