This first-of-its-kind law comes at a time of heightened debate around police searches and household privacy. In recent years, LEAs have shown a growing interest in collecting information from electronics such as smart speakers, security cameras, and other internet of things (IOT) devices. The law comes into effect on January 1, 2022. It will require LEAs to produce a search warrant or obtain the user’s permission to access their household electronics.
Illinois Law to Set Standards for How Police Can Collect Data
As smart appliances find their way into more homes, the information they collect grows more valuable for law enforcement. This is because smart devices can record conversations, movements, and other data that could help criminal investigations. However, as one can imagine, unfettered access to this information is a serious concern. While people willingly bring these devices into their homes, they do not expect their information to be shared without permission. Currently, companies set their own standards for how they turn over data to LEAs. Illinois’ Protecting Household Privacy Act aims to now set these standards instead. The act will require a search warrant or the user’s permission for any data sharing. It does have some exceptions in case of emergencies. Furthermore, the law uses a broad definition of “household devices,” so it can cover products that come out in the future. The full text of the Protecting Household Privacy Act is available here.
Potential Conflict with Existing American Law
The U.S. also has a federal law called the Stored Communications Act (SCA), which governs how LEAs can obtain certain kinds of stored data. This includes communication data such as emails. The SCA came into force in 1986. It elaborates upon circumstances where police must obtain a subpoena or search warrant to access stored electronic information. Ángel Díaz, a lecturer at UCLA Law School, said the SCA wasn’t designed to include sensitive data that home devices collect. Díaz said the act was “written at a time when there weren’t smart home devices.” Chloe Goodwin, an associate at Covington & Burling LLP, believes the Illinois law could “complicate compliance efforts” for firms that are subject to the SCA. Godwin also pointed out the difference in the kinds of data the two laws look at. The Illinois law “covers data from connected devices but not computing ones, like a computer, tablet, or mobile phone.” If you want to know more about privacy legislation in the United States, check out our article on online privacy under President Biden.
