The iPhone 6 health app automatically tracks the steps taken / distance walked by a person carrying the phone. No doubt other providers & products do the same. Might the captured data be used in litigation?

Writing today in Forbes, Parmy Olsen addresses the use of such data in US courtrooms. She describes the analysis of personal activity data by lawyers representing claimants and the option for lawyers defending claims to access such data, such as by discovery or on subpoena. The topic has also been addressed by Neda Shakoori from McManis + Faulkner.

Matthew Pearn of Foster & Company points to Laushway v Messervey [2014] NSCA 7 as a relevant precedent, albeit addressing production of ordinary computer metadata for forensic analysis to determine sedentary computer usage. That decision was also analysed by Brian Perry on CanliiConnects and by Brendan Brammall on Canadian Appeals Monitor.

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