Wearable Device Data as Evidence

by Hampton Jackson
LCS Intern

Data from wearable technology is expected to come to U.S. courtrooms soon. But how reliable is this data? And how should it be used?

Almost all of us carry electronic devices that track personal data. Some devices can be conveniently wrapped around our wrists, while others remain tucked away in our pockets. These devices help us track important health information, stay organized, and keep us in sync with our schedules. 

Increasingly, police and attorneys have been using data stored on personal electronic devices to disprove false claims, or to corroborate other evidence. A woman in Pennsylvania is being charged with filing a false police report. The woman told police she was sleeping, before waking up to a man on top of her. She claimed that the man assaulted and raped her. Her Fitbit, however, told a different story. Data collected from the device showed she was awake and active during the time she stated she was asleep. The ABA Journal published an article about the legal developments of wearable device data. The article describes attorney Simon J. Muller's attempts to use data from a client's wearable device in a personal injury case. He plans to use the data to show significantly reduced activity levels as a result of an accident. Muller stated, "the data has not yet been tested in court reliability, but I think there is great probative value."

Reliability of wearable technology remains a concern. While it is generally accepted that electronic devices accurately track GPS location, it is much harder to prove the accuracy of other data. For instance, a Fitbit tracks activity based on body motion. However, a Fitbit is unable to differentiate between motion from walking and motion from arm movements while seated. Because of reliability concerns, data from wearable technology will likely be used to corroborate other evidence, and will not be used as stand alone evidence.

Click here to read the entire article.