Extract from Joseph Manno and Zachary Kaplan’s article “Accessing Health Data From Smart Devices in Personal Injury Litigation”
In the modern era, technology has revolutionized the way we monitor our health. Smartwatches and smartphones are equipped with sensors that track a variety of health metrics, including heart rate, steps taken, elevation gained or lost, and stairs climbed throughout the day—many without even being asked. In addition, these devices track and store daily exercise routines and adjust the data based on the workout chosen. These devices collect a wealth of data that can provide insight into an individual’s physical activity and health status. This means the data collected will often become a focal point of personal injury litigation.
Given the expansion and growing popularity of these devices, the ability of parties to obtain health data from them is likely to be increasingly litigated. This article highlights and provides tips on how to use the rules on ESI, document production, and general parameters of discovery to effectively discover health information maintained on personal devices.
Courts Are Generally Concerned With Personal ESI Discovery
There have not been many decisions on the discoverability of personal ESI from smart devices in personal injury litigation. This is an area of the law that needs more development.
