Victory! Supreme Court Says Constitution Protects People’s Location Data

You have an expectation of privacy in location data that reveals your movements in the physical world, and even short-term surveillance of these movements is a search subject to the Fourth Amendment, the U.S. Supreme Court ruled today in Chatrie v. United States. The case involved geofence warrants, a form of dragnet surveillance police have used to vacuum up location data from electronic devices of people who happen to be in the vicinity of a crime. EFF had joined the American Civil Liberties Union, the ACLU of Virginia, and the Center on Privacy & Technology at Georgetown Law in filing an amicus brief in the case. JOIN EFF The decision in Chatrie is important: It is the first digital surveillance decision by the Court since its landmark 2018 ruling Carpenter v. United States, which involved prolonged tracking of people’s movements using cell phone location data. The new case expands that ruling by confirming that even shorter-term surveillance of location data can constitute a search