The Messy World of Law Enforcement, Technology, and Personal Privacy

How much data do your devices contain about your life? What would you do if law enforcement suddenly wanted access to it? Even if you’re a typical law-abiding citizen, you want to prioritize data privacy, but businesses also have an obligation to handle consumer information in a responsible way. Here’s what you need to know about law enforcement and access to your data.

How the Fourth Amendment Functions with Your Devices

The U.S. Constitution protects citizens from unreasonable searches and seizures, including your laptop and phone. Police will need a warrant to search these devices, unless one of the following exceptions applies:

• If you give consent.
• If you’re at the border, where searches happen more freely.
• If there’s an emergency situation where they argue they need immediate access.

Biometrics, Passwords, and Security

You don’t have to unlock your phone for law enforcement, and courts will generally side with you on this matter. However, if you use Face ID or a fingerprint to unlock your device, you could be compelled by law enforcement to unlock your device for them.

How Private is Cloud Data?

Cloud-housed data is not as well-protected as data on your physical devices. Law enforcement can request data from companies, and some will even comply without a warrant. The best way to keep your data private is to keep it encrypted and keep it off the cloud.

Smart Devices and Surveillance

Even your smart home devices could potentially be used in a police investigation. Law enforcement can ask companies that record audio, video, and other data to comply with investigations. Some companies will do so without user consent, too, so make sure you’re checking your device settings and company policies to ensure your privacy is being respected.

Social Media and Other Online Activity

Anything you’ve posted publicly can be accessed by law enforcement without your permission. Even private messages can be obtained through a legal process. Businesses need to be wary of the consequences for oversharing on social media, as it could also land your organization in legal trouble.

Compliance and Regulations

If you own a business that handles sensitive customer data, you have a legal obligation to protect that data. For example, laws like HIPAA and GDPR could impact how you protect this data. If you’re ever in a position where customer records are subpoenaed, make sure that it’s on a legal basis before you provide access.

Law Enforcement Scams

There are also law enforcement scams out there that will do their best to convince you they’re the FBI or the IRS. These scams will often request payment in the form of gift cards, wire transfers, and Bitcoin—a telltale sign that you’re dealing with a scam. Real law enforcement agencies would never operate in this way, so if you’re contacted in this way, call the official number to verify their identity.

This tactic works well in general, regardless of whether it’s a law enforcement scam or someone impersonating a friend or family member.

What Should You Do if Law Enforcement Contacts You?

If law enforcement requests access to your device, it’s best to remain calm and ask if they have a warrant. If they do not, then you can say no and go about your business. If they do present a warrant, read it carefully and seek legal counsel.

Regardless, it’s always best to advocate for your own privacy and know your rights.