Here at Langella & Langella, we have taken quite an interest in how modern technology might impact the legal profession moving forward. You may remember our previous series on AI and The Law (and if you haven’t read it, we highly suggest that you do!) Recently we had our first ever case where a new and novel strategy was implemented by the defense, and we felt that this required a bit more investigation. Their request? All of the data prior to the event in question that was contained on our client’s fitness tracker/smartwatch.

Why Would a Defense Attorney Want Info From my Smartwatch?

They’re going to want all of the info they can get that may disprove your claim, or call parts of it into doubt. By getting all of your biometric data off of your fitness tracker or smartwatch, they’re going to be trying to paint a picture where that data somehow proves that the extent of your potential injuries may not be as serious as presented. And the absolute granularity of the data they may be able to compel from you could theoretically be spun into any sort of narrative, especially with the use of expert witnesses.

Are My Devices Tracking Literally Everything I Do?

Yes, and more importantly they’re storing all of this data in perpetuity. Literally every bit of information about your day, and the events that take place, is being collected by your digital devices. To make matters more concerning, it is also able to be cross referenced with GPS data. We have all had some degree of concern about privacy, and sale of our data to third parties; but it now stands to reason that there should be some degree of concern that all of this data could be used to undermine any legal actions you may be pursuing.

What Can I Do to Avoid Situations Where my Digital Data is Used Against Me?

The answer isn’t going to be something you want to hear, unfortunately. The only real way to stop this wholesale collection of your data, is to not use these devices. Any person that regularly uses them should understand that the features are a trade-off by their very nature. And now that legal practitioners have started regularly pursuing this data as part of legal cases, there is an additional concern to be aware of.

Should I Stop Using my Smartwatch if I Have an Injury Case?

It is still too early to say exactly how successfully data from these devices will be used by defense attorneys in trying to defeat personal injury claims. Also, as with any legal case, anything that may give even the slightest impression that evidence is being hidden or destroyed needs to be avoided at all costs. But there is definitely a case for limiting use of these devices if you have an ongoing case. And there may be some tough questions coming our way about whether they are a good choice in general in the not too distant future