[Ssc-dev] Fwd: [berkmanfriends] Wearable data in court

Nathan of Guardian nathan at guardianproject.info
Thu Nov 20 10:57:15 EST 2014


---------- Forwarded message ----------
From: "Brian Keegan" <bkeegan at gmail.com>
Date: Nov 20, 2014 10:51 AM
Subject: [berkmanfriends] Wearable data in court
To: "Berkman Friends" <berkmanfriends at eon.law.harvard.edu>
Cc:

"A Canadian law firm will use data from a Fitbit fitness tracker for the
first time in court as an objective measure of activity. The data will be
provided by the plaintiff in a personal injury lawsuit in an effort to show
life-affecting reduced activity post injury. ...Though the data is
willingly being turned over by the plaintiff in this case, data from
wearables could be subpoenaed by courts as evidence in more serious cases."

http://www.theguardian.com/technology/2014/nov/18/court-accepts-data-fitbit-health-tracker

Reminds me of the case back in 2007 or so of EZpass data being used in a
divorce case. It would be trivial to train a model using data about
acceleration, orientation, heart rate, and skin conductance to establish
when and what kinds of "exercise" a user was performing without even
needing access to location data like with EZpass or Uber Rides of Glory. I
suspect that wearable data will find itself in court very soon...

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