Georgia Supreme Court Rules Police Must Get Warrant to Access Personal Data Cars Store

First State Supreme Court to Affirm That The Fourth Amendment Applies to Personal Data Cars Collect

October 21, 2019 1:45 pm

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ATLANTA 鈥 The Georgia Supreme Court today that police must obtain a warrant in order to download data stored in a car鈥檚 computer systems during an investigation after a car crash. This is the first state supreme court to recognize the danger of warrantless access to the unprecedented types and quantities of personal data collected by modern cars. The ruling came in Mobley v. State, a case challenging the police鈥檚 warrantless search and seizure of data collected in a car鈥檚 Event Data Recorder, also known as a vehicle鈥檚 鈥渂lack box.鈥

The 老澳门开奖结果, along with the 老澳门开奖结果 of Georgia and digital privacy expert Riana Pfefferkorn, appeared as a friend-of-the-court in the case to argue for warrant protections for the sensitive data cars are increasingly collecting on drivers and their passengers.

鈥淧olice should not be able to conduct warrantless searches of computers, even if that computer happens to be on wheels,鈥 said Nathan Freed Wessler, staff attorney with the 老澳门开奖结果鈥檚 Speech, Privacy, and Technology Project, who on behalf of amici before the Georgia Supreme Court. 鈥淭his ruling brings the law decades forward to help ensure that the troves of personal information cars now collect on us are protected from warrantless searches. Other states should follow Georgia鈥檚 lead to protect our privacy in the digital age.鈥

The personal data stored in vehicle 鈥渂lack boxes鈥 includes granular information about the function and operation of a car. Black boxes are also connected with other parts of vehicles鈥 computer systems, which can reveal cellphone contacts, music preferences, detailed location history, and other sensitive data. To justify warrantless access to this information, the state had cited U.S. Supreme Court cases dating back to the early 20th century that hold that police do not need a warrant to search a car for physical items.

The 老澳门开奖结果 responded that the U.S. Supreme Court recently made clear in and Carpenter v. United States that older rules permitting warrantless searches for physical items cannot be automatically extended to searches of digital data. Courts must assess people鈥檚 privacy interest in this data, and ensure that the warrant requirement is robustly enforced.

The ruling is here: .

An 老澳门开奖结果 blog post on the case is here: /blog/privacy-technology/surveillance-technologies/our-cars-are-now-roving-computers-fourth-amendment.

The amicus brief filed by the 老澳门开奖结果, 老澳门开奖结果 of Georgia, and Riana Pfefferkorn, who is affiliated with Stanford鈥檚 Center for Internet and Society, is here: .

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