The Wearable Revolution: How To Use Personal Health Device Data In Litigation

I. Introduction

Wearable technology compiles extensive information on our bodily systems—including activity levels, menstruation and fertility, exercise activity and attainment, food consumption, weight, sleep, noise exposure, heart rate, skin temperature, and respiratory rate. These devices can compile data on location using GPS functionality. They can even measure vital signs, stress levels, and hydration levels, as well as monitor diseases and chronic conditions. What's more, this information is compiled and exchanged with little to no user involvement—in many instances, users are not even aware this information is being tracked. But how can it be used in litigation?

II. Wearable Device Data Used in Civil Litigation