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Wearable Technology and Your Privacy

By Eugene Bruno on June 10, 2021

Wearable technology (activity/fitness trackers such as FitBit®) and health/wellness smartphone apps that measure, record and/or track movement, steps, physical activities, sleep, heart rate, biometrics, etc. can be another source of information that can be used against you in your injury case.

For example, if you claim that your injuries force you to limit your activities or prevent you from working or enjoying social or athletic activities, data downloaded from your wearable technology and/or smartphone apps or stored in the cloud recording thousands of steps taken per day, the date and duration of your physical activities, may be used against you at trial to undermine your credibility and could potentially harm your case.

Technology develops faster than the law and California law is not well settled whether activity/health information recorded by wearable technology and/or smartphone apps must be turned over to the insurance company lawyers to be used against you in court. However, more and more insurance company lawyers are demanding this information in injury cases.

Not using wearable technology and/or deleting smartphone health/wellness apps until your case is fully resolved is the surest way to avoid having this information used against you. In the event that my office receives a notice from the other party’s attorney to preserve wearable technology and/or smartphone evidence for use in your case, you will not be able to delete or make changes to this information.

If you or someone you love is suffering from an injury from a car accident then our San Diego car accident attorneys are ready to hear from you. Call 888-278-6688 to start a conversation with our experienced attorneys at Eugene Bruno & Associates in San Diego today.