People these days use technology for everything. Wearable devices have brought a technology boom in personal health space. Whether its fitness bands or smartwatches, individuals depend on these devices to monitor their physical activity such as number of steps, sleep cycle, oxygen levels, heart rate etc. But have you ever thought the integrating these small devices into your daily routine can also be a testimony in civil and criminal investigations?
With the ability to demonstrate whether someone was present at a crime scene and to identify behaviour patterns, wearable technology can significantly influence the outcome of a case.
What is Wearable Technology?
Wearable Internet of Things (IoT) gadgets, primarily fitness trackers and smartwatches that monitor activity, can be worn by people throughout the day to track various metrics such as number of steps, heartrate, sleep monitoring, calorie logs, travel logs etc. These devices perpetually detect body movements using a 3-axis accelerometer. The information is continuously monitored while the device is powered on and worn by the person and this allows the tracker to monitor whether the person is walking, standing, running, climbing, exercising or is stationery.
Some common examples of wearable technology includes:
- Smartwatches
- Fitness Trackers
- Health bands
The continuous recording and monitoring of data can provide various updates about a person’s daily routine. When something out of the ordinary occurs such as a sudden halt in movement or a sharp rise in heart rate it can be very helpful for investigators attempting to comprehend what happened.
Types of Evidences collected from Wearables
Leading wearables from giants like Apple, Fitbit and Samsung Galaxy collect and record far more data that normal health stats. While properly preserved and extracted, they could offer:
1. Activity and mobility patterns
The devices can easily track activity and mobility patterns of a person by using GPS. The data can determine the exact location of a person. This can confirm or contradict testimonies, alibis and help the investigators in establishing whether the person was present at the crime scene or not.
2. Geolocation and timestamps
Devices can exactly locate whereabouts of a person and this can be used to corroborate or dispute timelines and alibis. Wearables keep a record of the time, enabling investigators to reconstruct timelines of events.
3. Message and notification information
It can reflect messages and notifications from synced telephones, including messages that were later deleted.
4. Heart Rate and Health Data
The devices also store heart rate and health data which may indicate stress, anxiety or physical struggle.
How is Wearable Tech data used in Criminal Cases?
With the growing popularity of smart wearables another sector grew interest in them and that is the legal sector. In 2007 a famous case happened in which data from a Fitbit tracker was used in the courtroom in a personal injury case. This case heralded a new age: the age of testifying wearable devices
Investigators primarily use the data from wearable devices to reconstruct timelines, events and to corroborate or dispute testimonies and alibis. For instance, if a suspect asserts they were asleep, but their fitness tracker indicates activity during that period, it calls their claim into question. Wearable data can also assist in:
- Validating or disputing alibis
- Monitoring movements prior to or following a crime
- Reconstructing accident scenes Gaining insight into a victim’s final activities
- In cases of missing individuals, location data might reveal the last location the person visited
- In cases of assault or homicide, heart rate and movement data can suggest when a struggle might have taken place.
The personal data tracked and recorded by smartwatches, fitness bands or health trackers is stored on cloud apart from the devices on which they are synched. For legal professionals, this is great news because it gives them multiple ways to gather digital evidence. In case a person deletes his or her personal data it can still be recovered by using forensic extraction tools. The investigators teams can create a compelling case with the correct forensic equipment and software.
Real life Case Examples
Wearable technology has been crucial in a number of international criminal investigations. It was once stated by a suspect that he was asleep during the commission of the crime. Later it was proved by his fitness tracker that he was awake and moving in the house at the precise time of commission of the crime. Investigators used this contradiction to refute their account. In a different instance the victims smartwatch helped investigators determine the time of death by recording a sharp increase in heart rate followed by total inactivity. In other instances step counts and GPS data verified that an individual had visited a place they had first denied going to. These illustrations demonstrate how data from wearable devices can be turned into compelling proof.
Is data from wearable tech device legally admissible?
Wearable technology evidence is scientific in nature and hence admissible as scientific evidence in courts. Wearable data is increasingly being accepted as electronic evidence by courts across numerous nations. It must however adhere to specific legal requirements. Investigators must demonstrate the data authenticity and lack of alteration. The term chain of custody refers to this procedure which calls for careful handling of the data from collection to court presentation. The data recorded and collected from wearable devices can be corroborated by the testimonies of digital forensics experts. The defence lawyers try to create reasonable doubts on the prosecution version by providing data from wearable devices. Judges while pronouncing judgements often take into account the fact whether the person was wearing the device and whether it was operating correctly or not.
Under Indian laws pertaining to digital evidence electronic records are admissible under Section 63 of the Bhartiya Sakshya Adhiniyam, 2023.
Ethical issues and Privacy Concerns
Although wearable technology can be used to solve crimes there are significant privacy issues with it. These gadgets gather extremely private data regarding location timelines and health. It is a very unsettling thought for a lot of persons that their simple everyday activities can land them in soup in court cases. Consent is a common topic of discussion. Should investigators access wearable data without the users consent? Data misuse or hacking is also a concern particularly if private health information is made public. One of the biggest challenges is striking a balance between privacy and public safety. There is a need for formulating specific policies and legislations to address these concerns.
Wearable evidences shortcomings and difficulties
Wearable data is helpful but it’s not always flawless. The data may be recorded inaccurately if the GPS is not functioning properly or if the device is facing technical errors. If sometimes the person forgets to wear the device there will be gaps in the data recorded. Data manipulation or syncing errors are also a possibility. Hence conviction or acquittal cannot be done on the sole basis of this data. It requires corroboration from other evidences.
Forensic Investigations and Wearable Technology in the future
Wearable technology will probably play an even bigger role in legal investigations as it develops. More precise health indicators could be tracked by sophisticated sensors and artificial intelligence could speed up the analysis of vast volumes of data by investigators. Additionally emergency response accident reconstruction and even health-related incident prediction could be aided by future devices. Digital footprints will continue to increase as society grows more interconnected making wearable technology an effective investigative tool.
Conclusion
Digital silent witnesses are growing. From basic fitness devices to digital evidences, smartwatches have travelled a long way. They give investigators comprehensive information about events and timelines by documenting movement location and physical activity. However, their use also brings up significant privacy and legal issues which needs to be addressed.