Fitbit and Other Activity Trackers

Home » Fitbit and Other Activity Trackers
March 09, 2015
Edward Smith



We’ve all seen it.  Maybe we have one on right now.  Activity trackers such as Fitbit and other brands are all the rage.  If you haven’t heard of them they are an activity tracker that is essentially a wearable device that will measure your personal data.

The data these activity trackers measure range from things such as the number of steps taken daily, calories burned, activity duration, activity intensity, sleep patterns and other measurable personal data.  These devices are wireless and will upload the data it has tracked to a website which allows one to chart health and physical fitness progress over a period of time.

This visual method of tracking can be motivational.

A word of caution.  The data that these wireless trackers obtain could possibly be used in the courtroom.  Because the tracker is storing data on you over a long period of time this can possibly be brought up in court to determine how an injury has impacted you.  Some articles already published describe these trackers as a sort of ‘black box’ of the human body.

Near the end of 2014 the first case to include the Fitbit data is being heard.  In this particular case, the injured party  is stating through their lawyer she was a very fit and active woman prior to her injury and that since her injury she can not longer perform in the activities she used to. The plaintiff and plaintiff’s lawyer believe that using the data on this device will confirm the active lifestyle she had prior to her injury versus the lifestyle she now has.

The actual data being used as evidence is this particular case also involves the company, Vivametrica.  Vivametrica, compares the individual data that was uploaded from the person’s body via Fitbit and can compare this to data of the general population.

Consumer watch groups worry of what could happen if this same data could be requested by insurers or prosecutors whose motive are to deny claims or use it for self incriminating evidence. While Fitbit would not just ‘turn over’ such information the possibility exists of court orders being drafted requesting release of such information.

If you use such devices or have a large social media presence, speak with you personal injury lawyer in advance regarding this topic. An experienced personal injury lawyer can advise you and protect your rights.

I’m Ed Smith and you can call me anytime at 916-921-6400 in Sacramento or 800-404-5400.

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Photo Attribution: By Ashstar01 (Own work) [CC BY-SA 3.0 (], via Wikimedia Commons