Privacy and IoT
The volume and variety of personal data collected by IoT devices results in obvious privacy concerns. Fitness trackers and medical devices may collect data about a person’s medical condition , location, and daily routines. Smart televisions can compile viewing history, preferences, habits, and other personal data. Cars may generate information on driving habits, movements, personal associations, locations, doctor visits, strip club visits etc. The pervasive monitoring of personal activities through IoT devices may not be what the individual expected or wanted. A person may not realize that voice activation technology embedded in a smart device in their living room such as a smart television may be monitoring or recording private conversations. The use of IoT devices with artificial intelligence and mobile computing has increased the concerns regarding privacy and how such rights can be protected. As discussed in the A Legal Guide to Privacy and Data Security 2025 the United States does not have a single comprehensive federal law that regulates privacy and instead has a patchwork of federal and state laws based on sectors and industries along with some common law principles and limited constitutional authority. IoT devices that utilize GPS for tracking may be closely scrutinized in any Fourth Amendment legal analysis. Did the individual know of the IoT product with the tracking technology? Did they have a choice? Was location of tracking private or public? Did the person have a reasonable expectation of privacy? The scope of this “ reasonable expectation “ of privacy legal theory will continue to be challenged in this new era of IoT devices.
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