Criminal evidence/ There is every reason to set out clear and transparent guidelines
A criminal suspect can’t be
forced to divulge their phone passcode, a US circuit court judge ruled in
October 2014. Yet law enforcement officials can compel a suspect to provide a
fingerprint – which they can then use to unlock the phone and obtain data which
may prove the case against them.
In an ongoing Canadian civil
case, activity data from a Fitbit fitness band is being used to
determine the truthfulness of an accident victim’s claim that she is less
active now than before the accident.
And in another civil case,
where a plaintiff argued that his injuries meant he was no longer able to
operate a computer for lengthy periods of time, a court ruled that the
defendants had a right to access metadata from his hard drive that showed how
often the claimant had used his PC.
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