MedGizmo - Wearables Data and Litigations
09.11.2015, 16:04   Various

Wearables Data and Litigation

Emerging wearables market with its abundance of gadgets gave birth to a new exceptionally important matter: how can we all manage the data that is collected and stored by devices? Of course, everyone understands that this data is very helpful in healthcare. But another side of it – the data reflects what you do every day, where are you located, and, as for myself – most embarrassing – what happens with my body. Sure enough, I do not want anybody know all this. But what about the Law Institutions? “Data sourced from wearables presents many new challenges to the business of litigation”….

Here we present some latest information on the issue.


Could wearables be the new frontier for legal proceedings?
Posted by Chloe Green on 9 November 2015
With the first known court case of Fitbit data being using against someone in court now underway, businesses should be aware of the potential legal implications of the data their employees collect
Data sourced from wearables presents many new challenges to the business of litigation
Necessity is the mother of invention. But, innovation in the legal space is seldom confused with the bleeding edge. When it comes to information recorded by wearable technology, many issues arise simply around the unique logistics associated with handling this data as potential evidence.
How do we gather it and effectively present it to an attorney are just two of the most basic questions. Often a slow moving, risk averse, complicated bunch; most attorneys are playing by rules that were put in place before technology was around. Millions of dollars could lie in the balance, or worse, people going to jail.
….The explosion of the information age has led to the adoption of broad standards regarding data handling and the creation of specialised software. This new business, known as e-discovery, has grown at an alarming rate since the late 90’s and is projected to eclipse the 20 billion dollar mark by the end of the decade….
Combine this with some projections stating the wearable technology market may exceed 5 billion dollars by 2018 and this is a recipe for a logistical nightmare that affects IT managers, privacy officers, compliance teams, third party vendors, technical specialists, attorneys and end-users alike. Every hand that is required to move the data through the discovery process comes with a cost.
Data sourced from wearables presents many new challenges to the business of litigation. When it comes to email and corporate data storage there is seldom any question as to where the data is housed, who is in control of it, who can retrieve it, and how it can be collected in a defensible manner. This is further confused by new file types and formats that are slowly finding their way into litigation.
There are going to be difficult questions to answer using the currently available toolset. These include the location of the data, the data form, custodial access, method of collection, and data presentation.
Read the whole story HERE

Wearable Tech Data as Evidence in the Courtroom
By Nicole L. Black
…Now that Apple Watch has been released, the types of evidence that can be collected from smartwatches have expanded tremendously. Apple Watches collect all sorts of information including geolocation data, payment information, health-related and activity data, phone call and text data, social media interactions, and more.
Of course, it’s the health-related information that typically distinguishes wearable data from that collected from smartphones alone — at least for now. But that data amassed as users wear their smartwatches while going about their daily activities can be invaluable and have all sorts of practical applications in a lawsuit.
That’s why the astute litigator would be wise to learn about the different kinds of wearables, the types of data collected, and the implications that can be drawn from the data. Because by understanding the technology — including its limitations and possibilities — you’re able to offer your clients the best possible representation.
Read the full story HERE

Can Your Fitbit Data Be Used Against You in Court?
By Le Trinh, Esq. on July 14, 2015 2:59 PM
When police come to question you as a suspect in a crime, you know the rules: anything you say can be used against you in court. So, you don't say anything. However, your Fitbit may talk loud and clear on your behalf.
Is Fitbit Data Admissible Evidence?
… police generally cannot access data on electronic devices without a warrant either. However, with a warrant, police will be able to use your Fitbit data (and data from other motion tracking devices) as evidence against you in court. On the flip side, you may be able to use such data to prove an alibi. The biggest disadvantage to relying on activity tracking device data is that it may not be entirely accurate.
Read the full story HERE

How Data From Wearable Tech Can Be Used Against You In A Court Of Law
06/30/2015
When wearable computers can disprove what someone told police, you know you're living in a future that has arrived sooner than expected.
According to LancasterOnline, a woman in Pennsylvania has been charged with knowingly filing a false report after forensic evidence and the data from her Fitbit undermined her claim of rape.
As the United States of America nears its 239th Independence Day, this liberty remains unprotected on the 4th of July. Despite 284 cosponsors for theEmail Privacy Act (H.R. 699), the bill has yet to be brought to a vote. Even it passed into law, however, there's no passage in H.R. 699 that refers to data from wearable computing.
It may be years before police officers will need to read an updated version of the Miranda Warning to citizens upon arrest: "Anything your data says you did may be used against you in a court of law."
Read the full story HERE

Wearable Technology, 3D Printing and Litigation

By Niki Black | Nov.05.15
The Tattletale Wearable
In December 2014, a Calgary law firm used its client’s Fitbit data as evidence in a personal injury matter to show that her activity level had significantly decreased since the accident at issue as a result of her injuries. In another example, police in Lancaster, Pennsylvania, used a rape complainant’s Fitbit data to refute her claims. While she alleged that she’d been asleep when an assailant broke into her home and attacked her, data from her Fitbit indicated she’d been awake and walking around for much of the evening.
A Whole New Dimension for Litigation
Like wearable tech, 3D printing also offers new opportunities in litigation, although not too many lawyers are taking advantage of it — yet. That being said, a few forward-thinking lawyers have already used 3D printing to support their clients’ claims. Thus far, 3D printing has proved particularly useful during the pre-litigation phase of a case, although it will most certainly be used during all phases of litigation.
By using 3D technology in a product liability case, lawyers will not be limited to describing how a product was defective — instead they can actually show the opposing side why it was defective and how it should have been designed. By working with an expert witness and a 3D printing designer to create a prototype, a lawyer can make a convincing case prior to even filing suit, thus heading off costly litigation by encouraging settlements at the outset of a case.
That’s why it’s important for litigators to prioritize learning about 3D printing and the different kinds of wearables, including the kind of data collected and the implications that can be drawn from that data. By understanding the limitations and possibilities of emerging technologies, you’re able to offer your clients the best possible representation.
Read the full story HERE

09.11.2015, 16:04   Various
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