Fitbit, the wearable fitness tracker, has had its fair share of issues since going mainstream in 2013. It has caused rashes for some users, and along with other fitness trackers, can become a privacy nightmare in which it sells your personal data.
Sure, nobody wants their personal data shared with strangers, but now that data can help you win your case in court.
In the first case of its kind, McLeod Law, a law firm in Calgary, is using data gathered by Fitbit to help prove its point in a personal injury case.
Four years ago, the defendant was in an accident that prevents her from doing her job as a personal trainer. Her lawyers will use her Fitbit data compared to national averages to prove the "effects of the accident on their client."
The client will wear a Fitbit for an assessment period and will release the data to her lawyers. Then, they will crunch the numbers through a program called Vivametrica, which will compare her data to that of the general population.
It will “back up what she’s been saying,” says her lawyer, Simon Muller of McLeod Law. ... “We’re expecting the results to show that her activity level is less and compromised as a result of her injury.”
This case is also particularly interesting because it's the first of its kind and is opening doors for more similar cases.
... “Insurers will want it as much as plaintiffs will,” says Muller, for assessing sketchy claims. “I’m already lining up more clients with a variety of circumstances to use this data,” he says. “You can’t rely on just one piece of data. You have to get all the pieces lined up.”