Wearable device data may be the next big thing in the world of
evidence for employment cases since social media. Given that it has
already been used in personal injury and criminal cases, it is only
a matter of time before wearable device data is proffered as
evidence in an employment case.
From Fitbit to the Nike FuelBand to a slew of others, the
worldwide wearable market has exploded in recent years. In a world
increasingly obsessed with health and fitness, wearable devices
offer instantaneous and up-to-the-minute data on a number of
metrics that allow the user to assess his or her own health and
fitness. Wearable devices can track information like heart rate,
calories, general level of physical activity, steps taken, diet,
blood glucose levels and even sleep patterns. Given the nature of
the information captured, it is easy to see how wearable device
data may be relevant to claims of disability discrimination,
workers' compensation and even harassment.
