Pei Pei Cheng de Castro, partner, and Jennifer Hopkins, associate, had their “The Growing Role of Wearable Health Tech in Criminal Probes” article published by Law360. The article discusses how data from wearable health devices—such as Apple Watches, Fitbits, and smart rings—has increasingly been used in criminal investigations. While these devices offer valuable health insights, their use in legal cases raises concerns about privacy, reliability, and constitutional rights.
The article examines several cases where wearable device data played a pivotal role in criminal trials; highlights legal and privacy concerns, including HIPAA uncertainty, Fourth Amendment issues, and Fifth Amendment considerations; and underscores challenges to the accuracy of wearable health data, including issues with sensor errors, improper wear, and proprietary algorithms.
Pei Pei and Jennifer conclude, “As wearable health devices increasingly become integrated into criminal investigations, legal systems must evolve to address the growing concerns surrounding privacy, data accuracy, and constitutional protections.”
Click here to read the full article.