Welcome back to our article series on data privacy and the law, an extension of our previous series on artificial intelligence and the law. In our last article on this subject, we specifically focused on new legal requests for data from fitness trackers and smartwatches, but this introduces a larger conversation about digital privacy, and a need for privacy protections, that people should be having. So for this segment, we're going to introduce some information that everyone should know about data privacy, privacy risks, and common devices.

In the 2020s, the volume of data collected by an individual's personal digital devices has experienced a significant increase. It would be fair to say that online privacy is quickly becoming a thing of the past. From smart home devices to fitness trackers, smartphones to social media companies, the amount of data being generated and stored is greater than ever before. And we generally have little to no control over how it is used, and who it may be given to.

While this digital footprint can provide convenience and connectivity, there are clearly concerns about digital privacy and the potential legal implications of this data collection that most people simply do not consider. As our lives become increasingly intertwined with technology, and any sort of comprehensive privacy law is something of a pipe-dream, it is crucial for individuals to be aware of the information being collected by their devices and services, and the potential impact on their privacy and legal rights.

How Many Devices Track What I Do?

Throughout the average day, many of your basic digital devices are quietly collecting and tracking your actions and data, without your informed consent, and with most people completely unaware of the intrusive privacy policies the manufacturers and software companies are engaging in. Your smartphone, tablet, laptop, smartwatch, and even your home assistant device all have the capability to record and store information about your internet browsing history, location, communications, and more.

Additionally, services throughout the entire digital ecosystem like social media platforms, search engines, and online shopping websites also gather and analyze data about your online behavior. Though some of these providers and manufacturers provide privacy settings that a user can alter, most do not, and your use constitutes an agreement to these policies. The concept of "privacy rights" goes out the window when your use of a device legally construes your agreement with terms and conditions that end-run those rights.

As you will see, it is only getting more important to be aware of the potential legal issues that could arise from this digital footprint. Personal injury law firms and legal experts are increasingly seeing cases where digital data plays a key role in legal proceedings. For example, as we've previously discussed, in the event of an accident or injury, data from devices like fitness trackers and smart home devices could be used as evidence.

Being informed about how specific digital devices track your actions can help you protect your privacy and make informed decisions about your online activities.

Information The Average Cell Phone Collects

The average smartphone today collects a vast amount of data about its user on a daily basis. This can include location data, browsing history, app usage, and even biometric information such as fingerprints or facial recognition data. Smartphones also collect information about calls, texts, emails, and social media activity, providing a comprehensive overview of the user's daily interactions and habits.

In addition to the smartphone itself, various apps and services also collect data on the user. Social media platforms track user behavior, preferences, and contacts, while fitness apps collect health and exercise data. Shopping apps may gather information about purchasing habits, while navigation apps store location data and travel history. With most users completely ignoring what permissions they agree to from apps, the developers of these apps are known to do anything they please with user data, including selling it to third parties.

What Information Your Alexa or Google Now Collects

Amazon Alexa and Google Now devices collect a wide range of information from users. This includes voice commands, interactions with other smart devices, personal preferences, location data, and even some personal conversations. Amazon and Google say that they keep this data to improve their speech recognition and AI algorithms, as well as to provide personalized recommendations and features to their users. But there is little to no accountability when it comes to enforcing any sort of rules on these companies pertaining to how they use your data.

The typical characterization of data use is that "Amazon may use the data collected by Alexa to provide tailored product recommendations and advertisements, as well as to improve their understanding of customer behavior and preferences." Or that "Google uses the data collected by Google Now to personalize search results, provide location-based services, and deliver targeted advertisements." But both companies also state that they "may also use this data for internal research and development purposes". And that nebulous terminology can be interpreted to mean almost anything at all.

What Does Amazon Collect From my Ring Doorbell?

Amazon stores various types of data from Ring doorbell systems, including recordings of video footage and audio, motion detection, device settings, and user interactions with the device. This data is stored for a certain period of time, typically between 60 to 120 days, depending on the specific subscription plan. But just because the data has been removed from customer facing interfaces doesn't mean that it has been removed from Amazon servers. Be sure that Amazon is keeping this data in perpetuity, and plan accordingly. Because Amazon has been known to be incredibly capricious when it comes to sharing customer data with whoever they please, whether it has been legally compelled or not.

Amazon may choose to give Ring doorbell information to law enforcement agencies without the user's permission. In some cases, Amazon has entered into partnerships with police departments to provide access to this data. This has raised legal and privacy concerns, as it may infringe upon the rights of the users and create potential legal issues related to surveillance and privacy laws. You may be a person who has no interest in allowing police to invade your privacy or access any information about you. But if you have a Ring doorbell system, Amazon has no issues providing the police with whatever they may ask for.

Digital Footprints and Legal Cases

As technology continues to advance, the data collected by personal digital devices and services will only increase in importance within legal cases. Everything from social media posts, location data, internet browsing history, and even health and fitness tracking information is being used as evidence in court as of now. And if we aren't careful, this could continue to spiral out of control, to the degree where your legal rights could all be usurped by an unflinching wall of "data evidence". It pays to wonder if this is the sort of "technocracy" that we really desire to live in.

For example, social media posts and messages have been used in family law cases to prove infidelity or unfit parenting. Location data from smartphones has been used in criminal cases to place individuals at the scene of a crime. Internet browsing history has been used in civil cases to demonstrate a person's state of mind or intent. Even health and fitness tracking information has been used in personal injury cases to verify the extent of an individual's injuries.

So we hope you will choose to be more aware of the digital footprint you are leaving behind, and the potential legal implications that it may bring. The worst time to realize you didn't care enough, is when it matters the most.