Whether you are tracking your steps, your calories or the amount of water you drink, the data collected by your wearable devices could open up a whole new can of worms in court. In a San Jose, California personal injury case, the plaintiff’s attorney is attempting to get all that wearable device data into evidence at trial later this year. The case centers around the claim that the plaintiff’s activity was significantly reduced due to an accident. Plaintiff’s attorney hopes to introduce this data to support that claim. However, how reliable is that data? While many experts say that data from wearable devices will soon enter the courtroom, there are several concerns. The first concern: reliability. Some devices may log physical activity if say you are sitting on your couch binge watching your DVR waving your arms around. Or maybe you forgot to wear the device all together one day. Therefore, the evidence from wearables likely won’t be able to stand on its own without expert testimony or other corroborative evidence. The second concern: privacy and ownership of the data. While the federal Health Insurance Portability and Accountability Act (HIPAA) does not regulate the data collected by these devices, if the devices are linked to more specific health care information, it could be a very slippery slope. And the last concern: opening clients to cross-examination. If plaintiffs’ attorneys present the data to confirm their claims, it does open up the plaintiff to cross-examination regarding the same. It may also give defendants’ attorneys a reason to seek their own data. However, this data could serve a valuable purpose in many types of litigation. Just remember, beware of what you are wearing around your wrist. It could paint a picture that doesn’t look so good.
