The U. S. Supreme Court recently ruled that law enforcement agencies need a valid warrant to attach a GPS tracking device to a suspect’s vehicle, with a minority opinion citing a right to privacy for their decision.
Unless you’re in California or Texas, though, that specific right to privacy isn’t extended to the private use of GPS tracking.
A recent article in The New York Times pointed out that only those two states prohibit the use of GPS tracking without permission, with exceptions for law enforcement and vehicle owners. The exception for law enforcement, of course, makes sense, provided the tracking is done under a valid warrant. The exception for vehicle owners allows parents to monitor teens who are using their cars or companies to track their fleets.
Elsewhere, the use of GPS tracking is largely unregulated, though some misuses likely would fall under existing laws.
Right to privacy is deeply ingrained in this country, but it’s become increasingly difficult to feel secure in that right considering technology such as GPS trackers and GPS-equipped cellphones. And the legal system has had a difficult time keeping up with the explosive growth and use of such technology.
Tracking teens in mom’s car is one thing, as is tracking older folks with dementia. Companies also have generally established reasons and rights to track company- owned vehicles. But should one person legally be able to track another’s every move with a GPS tracker? (Think “stalker” here.) Should a husband or wife be able to track a spouse suspected of infidelity or one trying to escape an abusive relationship?
As the private use of trackers increases — and experts say it’s increasing quickly — state legislatures likely will come under pressure to regulate their use, and courts will be asked to rule on misuse of the devices. However it turns out, one thing is clear: Sophisticated technology available to the general public will continue to put pressure on expectations of privacy.
— Loveland (Colo.) Daily Reporter-Herald
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