As originally reported in The Atlantic, the first case using Fitbit data as evidence is currently underway in Canada. The plaintiff in a personal injury lawsuit, a personal trainer, wants to use Fitbit data to support her case. The plaintiff believes that the Fitbit data shows that her physical activity level is lower than baseline for her age and profession.
However, instead of using the raw data, plaintiff has retained a data analytics company called Vivametrica to provide expert analysis. Using data collected from “industry and public research,” Vivametrica claims to be able to compare one person’s Fitbit data to the general population. It’s potentially game-changing evidence. It should be great. It’s not.
Fitbit is a neat little device for tracking your activity. Importantly, Fitbit (and similar devices) creates, and stores, data. A lot of data. About you. And that data is a tempting target in litigation. But be warned, the implications of using Fitbit data in court should terrify you!
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