Apple collects health metrics such as heart rate, fitness activity, and other sensor data from Apple Watch and iPhone if you use health features or research apps — this is some of the most sensitive personal data Apple handles.
This analysis describes what Apple App Store's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The clause defines the scope and categories of sensitive data collection Apple is authorized to perform, establishes opt-in mechanics for health data sharing, and identifies differential handling procedures for location and financial data. This delineates Apple's data collection authority and the governance framework for health research participation.
If you use Apple Watch, Health app, or research studies on iPhone, Apple collects granular health and biometric data including heart rate — users should review what health data sharing is enabled in the Health app under Sources.
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"By clicking 'Next', you are indicating that you have read and agree to the TERMS OF USE AND PRIVACY POLICY"
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Location data. Data about your device's location, which can be either precise or imprecise. For example, we collect location data using Global Navigation Satellite System (GNSS) (e.g., GPS) and data about nearby cell towers and Wi-Fi hotspots. Location can also be inferred from a device's IP address...
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"If you choose to share them, health-related data may be collected by Apple from Apple Watch or iPhone sensors, from HealthKit, such as heart rate, or from health-related features. If you participate in a study using the Research app, the policy for that study will describe how your research data is used. Other sensitive data, such as precise location or financial information, are treated with additional care.— Excerpt from Apple App Store's Apple Privacy Policy
(1) REGULATORY FRAMEWORK: Health data constitutes 'special category' data under GDPR Art. 9, requiring explicit consent (Art. 9(2)(a)) or another specific derogation — enforced by EU DPAs including the Irish DPC. In the US, if Apple provides services to HIPAA-covered entities, health data may constitute PHI under 45 CFR Parts 160/164; however Apple's consumer health features are generally not HIPAA-covered absent a BAA. FTC Act Section 5 and the FTC's 2023 Health Breach Notification Rule (16 CFR Part 318) apply to unauthorized disclosure of consumer health data. Illinois BIPA (740 ILCS 14) may apply if biometric identifiers are collected via sensors. (2)
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The clause defines the scope and categories of sensitive data collection Apple is authorized to perform, establishes opt-in mechanics for health data sharing, and identifies differential handling procedures for location and financial data. This delineates Apple's data collection authority and the governance framework for health research participation.
If you use Apple Watch, Health app, or research studies on iPhone, Apple collects granular health and biometric data including heart rate — users should review what health data sharing is enabled in the Health app under Sources.
ConductAtlas has identified this type of provision across 1 platforms. See the full comparison.
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