Privacy was once a prime concern for almost every American. However, recent years have seen the steady erosion in both privacy rights and our expectations of privacy. Over 10,000 cameras in Chicago regularly record honest citizens going about their lives. Additionally, we share personal details with the whole world on social media websites. Now, with the help of our mobile phones, even our smallest movements can be tracked by law enforcement.
What the Freedom From Location Surveillance Act Allows
Illinois recently passed a law—the Freedom From Location Surveillance Act. Despite its name, the law does not strictly prohibit the use of location tracking data from mobile phones. The law does, however, require law enforcement to obtain a court order to get the location information from personal electronic devices, like mobile phones. Still, there is a large exception for emergencies. In an emergency, law enforcement can access location information for up to 72 hours before securing a court order to continue the surveillance.
The standard for obtaining a court order is low. Law enforcement only needs to show probable cause that crime has been committed and that the location information will be helpful in the investigation of the crime.
What Your Phone is Sharing?
Your mobile phones, and other personal electronics such as tablets, are constantly recording and storing a wide variety of location data. Many phones now have GPS chips that can allow law enforcement to pinpoint your whereabouts at any given time. Moreover, many apps access your GPS coordinates and time stamp your placement at a given location. Therefore, when you carry around your phone you are helping big brother keep detailed tabs on all of your activities.
How to Prevent Yourself From Being Tracked
As long as you are going to be using a mobile phone, there is no foolproof way to prevent the device from recording some of your location data. You can refuse to give apps permission to access your location data, but your phone may still be collecting the data—even if your phone does not have GPS, law enforcement can triangulate your location from your cell signal. The data is not as precise but it can be very effective. Hence, you must determine how important your privacy is to you. If you do not want to help big brother know where you are at all times, then leave your phone at home the next time you head out.
Charged with a Crime? Speak with an Illinois Attorney Today
If you have been charged with a crime, please contact an experienced Schaumburg criminal defense lawyer right away. Do not speak to anyone about your case until you have consulted with an attorney. You need to know what your rights are. Call Glasgow & Olsson today at 847.577.8700 to schedule a consultation.
Source:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3582&ChapterID=54