Law Do's and Don'ts
Find a good-standing attorney
"This website is about real attorneys who can help." - Bill Handel.     Welcome to HandelontheLaw.com, a premier attorney listing service from Radio & Records News/Talk Personality of the Year, Bill Handel.
handelonthelaw.com
Attorney Log In

Wearable Technology and Evidence

HandelontheLaw.com Staff Writer

Friday, August 28, 2015



Wearable Technology and Evidence
Technology

As wearable technology is increasingly popular, its data is increasingly used in law. Fitbit Wristbands, Google Health Bands, Apple Watches and their ilk all provide data that can be useful, depending on the situation.

For example, in a recent Canadian personal injury case, the activity baseline for a certain age and profession was set by a Fitbit Wristband to show that an injured personal trainer’s activity level is now subpar. Also, in a recent Pennsylvania case, a woman’s Fitbit Wristband undercut her rape complaint when it was shown that she was lying about her activity during a certain place and time.

Some experts believe that wearable technology will eventually become a human “black box” that can give valuable data regarding a subject’s place and activity, supporting or undermining his/her testimony and other evidence.

While some welcome the advancement, advocates of civil liberties and privacy are wary of wearable technology’s encroachment on privacy and due process. As one expert put it, self-tracking will lead to self-incrimination.

The web-based data provided by Fitbit and other wearable tech, which has fewer protections than data on personal computers and cellphones, is compelling civil liberties advocates to press Congress for an updated Electronic Communication Privacy Act (ECPA) that will give “Digital Due Process” regarding data stored in the cloud-based data and web-based e-mail.

Unfortunately, an updated ECPA affecting wearable technology is will not occur in the foreseeable future. No such Bill is reportedly before either House of Congress. However, there is an Email Privacy Act (HR 699) in the House of Representatives that may come up for a vote in the near future.

By Kathy Catanzarite


Source: Kathy Catanzarite - Handelonthelaw.com Staff Writer

Note from HandelontheLaw.com: This article is to be used as an educational guide only and should not be interpreted as a legal consultation. Readers of this article are advised to seek an attorney if a legal consultation is needed. Laws may vary by state and are subject to change, thus the accuracy of this information can not be guaranteed. Readers act on this information solely at their own risk. Neither the author, handelonthelaw.com, or any of its affiliates shall have any liability stemming from this article.





FIND A LAWYER
LOCATION Zipcode Map

e.g. 91324 or Los Angeles, CA
AREA OF LAW Law Category Help
Please select one of the following...


Neurocoglab.com 2