Will Google-Fitbit Data Privacy Agreement with European Commission Apply to the Rest of the World?

As Google will require fitness device users to log into their Google account, user data may be sold

From a date to be announced in 2023, Google will start requiring users of the fitness-tracking device FitBit, to use Google accounts. A move which has triggered privacy concerns especially for users outside the European Union. This comes as the tech behemoth, Google Inc., has previously failed to live up to promises to give users control of their data, most recently reported to be collecting phone call and SMS data sent through default Android apps.

Google’s SVP of Products and Services, Rick Osterloh dismissed privacy concerns saying “We will never sell personal information to anyone. Fitbit health and wellness data will not be used for Google ads. And we will give Fitbit users the choice to review, move, or delete their data.” He added that the FitBit user data will be separated from other Google ads data.

However, it is reported that questions regarding the protection of data for users outside the European Union have gone unanswered. Following EU’s Merger Regulation in-depth investigation into the then proposed acquisition of Fitbit, Google made binding agreements only with the EU concerning data protection. A major oversight given the company’s global clientele.

In the European Commission agreement, Google offered commitments based on three particulars; Ads Commitment, Web API Access Commitment and Android APIs Commitment. In this context, Google will not use for Google Ads the health and wellness data collected from wrist-worn wearable devices and other Fitbit devices of users in the European Economic Area (EEA) while it will maintain access to users’ health and fitness data to software applications through the Fitbit Web API without any charges. Google must also maintain API support in the Android Open-Source Project version of its mobile platform.

Currently, Fitbit devices maintain a separate online account that isn’t connected to Google, except where users have granted third-party app permissions to link Fitbit data to Google’s own apps or use their Gmail account to login. Users with older versions of the fitness watch can use their FitBit accounts until 2025 if they choose to miss the new app features. Fitbit provides its products and services under the Fitbit Terms of Service and Privacy Policy, which are separate from the Google Terms of Service and Privacy Policy.

Fitbit was acquired for US$2.1 billion, joining the Google family of companies as ‘Fitbit by Google’ in 2021. As seen on the website, the rebranded company promises to make health and wellness more accessible to more people and the next generation of devices better and more affordable.