Whether it’s a connected fitness device, a smart earphone, or a pair of smart glasses, consumers will find themselves continuously being monitored by third parties.

Our legal system isn’t keeping pace with technology, so we lack norms, standards and case law on how data collected from and produced by our wearables can be used.

To date, fitness devices, pacemakers, and smart watches have been used as evidence in police investigation and criminal trials. In the U.S., judges get to decide whether to allow data from wearable devices—or whether individuals still have a reasonable expectation of privacy if they’ve been actively sharing their fitness stats in the cloud or with third parties.