The decision this week by the New Jersey Supreme Court in the case of Thomas W. Earls applies only to residents of the state, but it is being watched as a possible bellwether in the surging dispute over the government’s surveillance powers.
The Electronic Privacy Information Center said the decision is the first to “establish a constitutional right in location data since the U.S. Supreme Court decided United States v. Jones, a GPS tracking case in which several justices expressed concern about the collection of location data.”
In that case, the U.S. Supreme Court ruled police could not attach a tracking device to a suspect’s vehicle and follow him without probable cause and a warrant.
In the Earls case, the court upheld that “individuals have a reasonable expectation of privacy in their cell phone location data.”
Read more from this story HERE.