The United States Supreme Court to consider whether the police need warrants to obtain cellphone location data

June 11, 2017

The US Supreme Court has in recent times considered the use of new technologies and their privacy intrusive consequences and whether they constitute a constitutional breach.  In 2012 the Court in United States v Jones held that installing a GPS tracking device on a vehicle and using the device to monitor the vehicle’s movements constitutes a search under the Fourth Amendment. In Riley v California the Court unanimously held that the warrantless search and seizure of digital contents of a mobile phone during an arrest was unconstitutional.

On 5 June 2017 the Supreme Court  agreed to hear arguments in the October Term in Carpenter v United States as to whether police should obtain warrants to obtain location data of suspects.

The question presented to the Court is Read the rest of this entry »

US Supreme Court to consider whether online search service should face class action for placing incorrect information

April 28, 2015

In US the courts are quite reluctant to award general damages Read the rest of this entry »

US Supreme Court to consider privacy issues in City of Los Angeles v Patel

October 21, 2014

Australian privacy related jurisprudence inches along in a state of lassitude. The latest report by the Australian Law Reform Commission advocating reform to this area of law including recommending a statutory tort of for serious invasions of privacy was tabled this year.  Its reception was muted to say the least and the Government has already made it clear that it does not support enacting such a tort.  Meanwhile in the United States the US Supreme Court has displayed continued interest in privacy following on from its unanimous decision in United States v Jones  and the earlier unanimous decision in Kyllo v United States  with its decision to grant a petition to hear an appeal from a decision of the United States Court of Appeals for the Ninth Circuit in City of Los Angeles v Patel on whether Read the rest of this entry »

Important Supreme Court privacy decisions in the United States, Riley v California, and Canada, Spencer v R & ors.

June 26, 2014

Yesterday the US Supreme Court in Riley v California handed down a very important decision on privacy, regarding the right of a police officer to search digital information on a cell phone who had been arrested.   Earlier this month the Canadian Supreme Court handed down a privacy related decision in Spencer v R & ors regarding accessing internet search history from an ISP without a warrant.  Both are significant and will have a along lasting impact on their own jurisdictions and beyond.  Both should be required reading by those who want a more effective privacy regime in Australia. The underpinnings of each decision, the Bill of Rights in the US and the Canadian Charter and its privacy legislation, differ to those in existence in Australia but the principles and analysis are both apposite.

While a further analysis is required the key findings in Riley, a unanimous decision, are that:

 (a) a warrantless search is reasonable only if it falls within a specific exception to the Fourth Amendment ’s warrant requirement.

(b) the Court declined to extend the exception to searches of data stored on cell phones.  The Court generally determines whether to exempt a given type of search from the warrant requirement “by assessing, on the one hand, the degree to which it intrudes upon an individual’s privacy and, on the other, the degree to which it is needed for the promotion of legitimate governmental interests.” The search of digital information on a cell phone does not further the government interests  and implicates substantially greater individual privacy interests Read the rest of this entry »