New technology ushers in new legal issues all the time. The questions that arise are not always easy to answer. Did you know your Fitbit can now become part of your trial?
It’s very possible that ethical implications may soon completely change the face of the practice of law. In Canada, for example, a personal injury attorney is trying to win increased damages by using data from his client’s Fitbit to show the plaintiff’s low activity levels following a car accident. But are such data reliable? Attorneys may soon need to think seriously about the ease of manipulation as well as other facts that may affect the information’s accuracy.
Also, the more specialized the health information a wearable gadget collects and stores, the more likely it is to trigger privacy concerns. Potential constitutional questions could also arise under the Fourth, Fifth, and Sixth Amendments. Smart thinking would say we need to be aware of ethical obligations to stay abreast of changes in the law, including knowing the benefits and risks associated with new technology.