Don’t Forget the Old Wearable: You Could Be Missing Out on Years of Location and Biometric Data

As I write this, I am wearing a Kospet Tank T3 Ultra Smartwatch and an Oura Ring. I always have on a fitness wearable. If you examined these devices, you would get two months of data from the watch and about a year's worth from the ring. Before I switched to the Kospet and Oura, I wore a Garmin Fenix 5X smartwatch for seven years. That is 2555 days of data you would be missing.

Don’t Forget The Old Wearable

Wearable technology, such as smartwatches and fitness trackers, is becoming as ubiquitous as smartphones. These devices collect a wealth of personal data, from heart rate and sleep patterns to location and activity levels.

As a digital forensics examiner, I've seen firsthand how invaluable this information can be in legal cases ranging from personal injury claims to criminal investigations. However, one critical aspect often overlooked by attorneys is the importance of obtaining previous wearable devices. Old fitness wearables that clients may have tucked away after upgrading to the latest model can hold a treasure trove of valuable data.

Data continuity is disrupted when a custodian switches from one wearable brand to another, say from a Fitbit to an Apple Watch. Different brands use proprietary systems for data storage and analysis, meaning that information from the old device may not seamlessly transfer to the new one. This gap can result in lost data crucial for lifestyle analysis, alibi verification, or establishing behavior patterns.

Case Example: Lifestyle Analysis in a Personal Injury Case

First, what is Lifestyle Analysis?

Lifestyle Analysis is a forensic technique used to reconstruct and examine an individual's daily habits, routines, and behaviors by analyzing data from various sources. In legal contexts, particularly in personal injury cases, lifestyle analysis helps establish the authenticity of a plaintiff's claims regarding their physical capabilities and the impact of an injury on their life.

My team was involved in a personal injury case where the plaintiff alleged that a workplace accident had left them incapacitated. They claimed to suffer from chronic pain, inability to perform physical activities, and a significantly reduced quality of life. Based on these assertions, they sought substantial compensation for medical expenses, lost wages, and emotional distress.

To assess the validity of the plaintiff's claims, defense counsel requested access to their wearable devices, including any old fitness trackers or smartwatches used before the accident. Access to previous devices was essential because they often contain historical data not transferred to new devices, especially if the user switched brands or didn't back up their data.

The Data Tells a Different Story

The data revealed that before the accident, the plaintiff led a moderately active lifestyle, engaging in regular activities like walking and occasional gym sessions. However, post-accident data told a different story. Contrary to their claims of being bedridden and in severe pain, the plaintiff's activity levels had actually increased.

If we did not ask to examine the old wearable devices as well, we could be left with no baseline for comparison. Without data from the old device used before the accident, we would lack a baseline to establish the plaintiff's typical activity levels before the incident.

The core of lifestyle analysis in personal injury cases is to measure change. Specifically, how the injury has altered the individual's daily activities. Without pre-accident data, the ability to quantify any increase or decrease in activity levels is compromised.

What About Medical Devices?

In legal cases where fatigue is alleged, such as a truck driver involved in an accident, the driver's compliance with prescribed medical treatments can be an essential factor for plaintiff attorneys.

For example, if the driver has been diagnosed with sleep apnea, adherence to Continuous Positive Airway Pressure (CPAP) therapy is essential for maintaining alertness and reducing fatigue. Examining data from both old and new CPAP machines can provide valuable insights into the driver's compliance over time.

Accessing data from old and new CPAP machines allows for a complete driver compliance timeline. This continuity is valuable for identifying patterns or changes in behavior. The old machine's data provides a baseline to compare against the new machine's records, revealing any deviations in usage that may correlate with increased fatigue. Often, the data from the CPAP machines is stored in phone applications and online accounts, waiting to be examined - if only it is asked for.

In the ever-evolving landscape of technology and personal data, it's imperative not to overlook any potential sources of information. Old fitness wearables and medical devices may seem insignificant, but they often contain years of valuable data that can be the key to unlocking the truth in a case.

As legal professionals, expanding your approach to discovery by including these devices can provide a more comprehensive view of the situation at hand.

Remember, the next time you're involved in a personal injury or insurance defense case, take a moment to consider what might be hiding in that forgotten drawer. The old device collecting dust could hold the evidence that tips the scales in your favor.