Legal experts: Fitness tracker data could be used in court

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TULSA, Okla. – It’s a new trend that has taken the world by storm.

If you go out, you’ll likely come across several people who are wearing a fitness tracker.

“This is the same as the black box data you would get on a car or a truck or an airplane,” attorney Bruce Hagen told FOX 23. “This information doesn’t lie, right? So what’s on your Fitbit, that’s what you did.”

Legal experts say that information can now be used in courtrooms.

“We are voluntarily allowing people to track our every movement, and that’s scary,” said attorney Chris Simon.

Local attorneys who specialize in injuries say a fitness tracker can be helpful for their cases, proving just how active their client was before an injury.

“If I’m pointing to lots of data over the last several years that show I’m very active- I run, I bike, I swim, whatever- how could I have done that if I had that pre-existing injury?” Hagen said. “It does reinforce someone’s honesty and it can also catch them in a lie if it comes to that.”

That was the case in Pennsylvania after a woman called 911 to report a sexual assault by an intruder.

Detectives already had doubts about the woman’s story, but her Fitbit sealed the deal.

“She said she had gone to bed and there, I think, were around 1,000 steps after the time she went to bed before she called the police,” said District Attorney Craig Stedman.

Her fitness tracker offered proof that she was staging the crime scene at the time she told police she had been sleeping.

“It could save you, or it could go against you,” Simon said.

Fitbit promises to never sell your data, but its website does say it will disclose data to comply with a valid legal process, like a warrant or subpoena.

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