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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: Scalia

Posted in Consumer Privacy

Supreme Court Decision in Warrantless GPS Tracking Case Offers Little Guidance in Consumer Privacy Context

Sometimes Fourth Amendment cases (which by definition arise in a governmental context) have implications for consumer privacy law since the “reasonable expectation of privacy” analysis can be employed in both areas. Yesterday’s U.S. Supreme Court 9-0 ruling in United States v. Jones that the warrantless attachment of a GPS device to a car for monitoring purposes violated the Fourth Amendment offers little guidance in the consumer privacy context because the opinion for the Court did not rely on an “expectation of privacy” analysis.