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Data From Our Wearables Is Now Courtroom Fodder

December 12, 2014

​Fenwick & West privacy co-chair Tyler Newby was quoted in a Wired article about a new development in the courtroom: data extracted from wearables being entered as evidence.

Wired asked Newby about the possibility of using overlapping GPS evidence from both a smartphone and a wearable to indicate whether a defendant was at the scene of a crime. Newby confirmed that such a scenario is likely to arise in future litigation.

"The whereabouts of a person are often so important, especially in a criminal case," he said.

Newby told Wired that evidence drawn from wearables could also become important in civil matters. For example, he noted, heart-monitoring data, combined with GPS and data taken from phones and other devices, could bolster a charge of infidelity in a divorce case.

The full article is available through Wired's website.