![]() Naperville therefore ‘searches’ its residents’ homes when it collects this data.” Their data, even when collected at fifteen-minute intervals, reveals details about the home that would be otherwise unavailable to government officials…. “The ever-accelerating pace of technological development carries serious privacy implications. ![]() Naperville then stores the data for up to three years.” The meters the city installed collect residents’ energy-usage data at fifteen-minute intervals. And they cannot opt out of the smart-meter program. If they want electricity in their homes, they must buy it from the city’s public utility. “While some cities have allowed residents to decide whether to adopt smart meters, Naperville’s residents have little choice. Smart Meter Data Collection Constitutes a Fourth Amendment SearchĪlthough the Seventh Circuit ultimately ruled against NSMA in the appeal, the Court essentially agreed with most of NSMA’s arguments and conceded that Naperville’s use of smart meters constitutes a “search” under the terms of both the Fourth Amendment and the Illinois Constitution : “review of the trial court’s dismissal of its claim that the City of Naperville’s use of smart meters constitutes a violation of NSMA members’ Fourth Amendment rights because the City’s smart meters collect electrical usage data from members’ homes at intervals of every fifteen minutes, which data can then be de-aggregated to offer an invasive view into their personal lives and activities inside their homes.” In short, NSMA requested the higher court to: Court of Appeals for the Seventh Circuit. NSMA later appealed the District Court ruling to the U.S. On September 26, 2016, the District Court entered a final judgment in favor of the City of Naperville. City of Naperville (Case 1:11-cv-09299), NSMA has been attempting to receive injunctive relief from the mandatory (forced) installation of digital electric smart meters that collect granular energy usage data well in excess of that required for customer billing purposes. Since 2011, and in the case of Naperville Smart Meter Awareness (NSMA) v. Either way, smart meter privacy invasions continue to occur, just now as an official governmental “search.” There are limitations to the Court ruling where it indicates that “our holding depends on the particular circumstances of this case.” įor the people living in Naperville, Illinois, how does it “feel” to be subjected to a governmental search in your home every 15 minutes without your consent?Īdded Commentary: This Court ruling appears merely to have had the effect of advancing from the District Court opinion of “deemed” consent for data collection to an Appeals Court opinion of “deemed” legitimate government interest for data collection.On August 16, 2018, a Federal Appeals Court ruled against the privacy rights of consumers concluding that governmental searches being conducted as related to data collection by smart meters are reasonable and thus permissible.Based upon a Federal Appeals Court analysis, all City of Naperville electric customers are being subjected to a governmental search every 15 minutes without a voluntary consent.Weaver, SkyVision Solutions, Updated August 22, 2018
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