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Health as a Means Towards Profitable Ends: mHealth Apps, User Autonomy, and Unfair Commercial Practices

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  • Marijn Sax

    (University of Amsterdam)

  • Natali Helberger

    (University of Amsterdam)

  • Nadine Bol

    (University of Amsterdam)

Abstract

In this article, we discuss mHealth apps and their potential to influence the user’s behaviour in increasingly persuasive ways. More specifically, we call attention to the fact that mHealth apps often seek to not only influence the health behaviour of users but also their economic behaviour by merging health and commercial content in ways that are hard to detect. We argue that (1) such merging of health and commercial content raises specific questions concerning the autonomy of mHealth app users, and (2) consumer law offers a promising legal lens to address questions concerning user protection in this context. Based on an empirically informed ethical analysis of autonomy, we develop a fine-grained framework that incorporates three different requirements for autonomy that we call “independence,” “authenticity,” and “options.” This framework also differentiates between three different stages of mHealth app use, namely installing, starting to use, and continuing to use an app. As a result, user autonomy can be analysed in a nuanced and precise manner. Since the concept of autonomy plays a prominent, yet poorly understood role in unfair commercial practice law, we utilize the ethical analysis of autonomy to guide our legal analysis of the proper application of unfair commercial practice law in the mHealth app domain.

Suggested Citation

  • Marijn Sax & Natali Helberger & Nadine Bol, 2018. "Health as a Means Towards Profitable Ends: mHealth Apps, User Autonomy, and Unfair Commercial Practices," Journal of Consumer Policy, Springer, vol. 41(2), pages 103-134, June.
    • Handle: RePEc:kap:jcopol:v:41:y:2018:i:2:d:10.1007_s10603-018-9374-3
    DOI: 10.1007/s10603-018-9374-3
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    References listed on IDEAS

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    1. Peter Cartwright, 2015. "Understanding and Protecting Vulnerable Financial Consumers," Journal of Consumer Policy, Springer, vol. 38(2), pages 119-138, June.
    2. Chris Willett, 2010. "Fairness and Consumer Decision Making under the Unfair Commercial Practices Directive," Journal of Consumer Policy, Springer, vol. 33(3), pages 247-273, September.
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    Cited by:

    1. D. Leahy, 2022. "Rocking the Boat: Loot Boxes in Online Digital Games, the Regulatory Challenge, and the EU’s Unfair Commercial Practices Directive," Journal of Consumer Policy, Springer, vol. 45(3), pages 561-592, September.
    2. Bach Q. Ho & Mai Otsuki & Yusuke Kishita & Maiko Kobayakawa & Kentaro Watanabe, 2022. "Human Augmentation Technologies for Employee Well-Being: A Research and Development Agenda," IJERPH, MDPI, vol. 19(3), pages 1-20, January.

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