Seminario Junior UC3M - Your Honor, I Call Fitbit to the Stand...

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REBECCA N. KNIGHT (J.D.)
Wearable fitness devices have become ubiquitous in modern society. One of the most popular of these devices is Fitbit. As of November 1, 2019, Fitbit has 28 million active users worldwide and has sold more than 100 million devices. Wearable fitness technology is also produced by companies such as Apple, Garmin, and Google; transforming the way users communicate, exercise, and track their vitals and other measurements of health. Inevitably, wearable devices are also changing how we litigate. The first known use of wearable technology data, as evidence, was a 2014 personal injury case involving a law firm in Calgary, Canada. The firm used their client’s activity data from her Fitbit “to show that her activity level [was] less and compromised as a result of her injury” in 2010. To date, Fitbit data has even been used in murder trials. This presentation is intended to inform you of what data is being collected by your wearable device, how that data can be used, and ways it has been used in the court of law.