Privacy Issues The ACLU of Rhode Island is Involved With - Court Cases, Legislation, News Releases

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“The right to be left alone,” U.S. Supreme Court Justice Louis Brandeis noted more than 100 years ago, is a basic human right, and the ACLU has vigorously fought to promote that principle and limit government intrusion and snooping into one’s private affairs.

Unfortunately, privacy laws have failed to keep pace with the many technological advances that put our privacy at greater risk than ever before. In response, the ACLU of Rhode Island is working hard to ensure that your privacy is protected in the online and digital world we live in. 

Right to Privacy in the News

  • Jul. 20, 2017: Statement in Response to Governor’s Signing of “Medicine Cabinet” Bill
  • Jul. 17, 2017: Organizations Ask Governor to Veto Bill Allowing Law Enforcement Access to PDMP Without Warrant
  • Jul. 07, 2017: Statement in Response to the Request from the “President’s Commission on Election Integrity”

View All Privacy Related News Releases »

Right to Privacy Related Court Cases

2015: J.A. v. Town of Tiverton
Category: Due Process    Privacy    Students' Rights    


About This Case:
This is a federal lawsuit against Tiverton police and school officials over an incident in which an 8-year-old girl was removed from a school bus, had her belongings searched, was taken alone to the police station without her parents’ knowledge, and then held and questioned at the police station for several hours before being released. The seizure, detention, and interrogation of the young child were based solely on unsubstantiated claims from another child that the girl was carrying “chemicals” in her backpack, and occurred even after the police found nothing suspicious in the backpack.

Current Status:
Lawsuit successfully settled in June 2017.

ACLU Cooperating Attorneys:
Amato A. DeLuca, Miriam Weizenbaum

Supporting Documents
2015: Davis v. Division of Motor Vehicles
Category: Due Process    Privacy    

2/6/2015 Update: In response to a lawsuit filed this week by the American Civil Liberties Union of Rhode Island, the Division of Motor Vehicles agreed to the entry of a court order Friday that will require the agency to first adopt regulations through a public process before using a new database designed to identify and possibly take action against uninsured drivers.

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This lawsuit, filed by ACLU volunteer attorney Albin Moser, asks the court to stop the implementation of the Uninsured Motorists Identification Database until the Division of Motor Vehicles adopts appropriate regulations with public input. The DMV is establishing the database, designed to identify uninsured motorists, without first establishing any regulations to prevent the improper disclosure of drivers’ personal information, avoid mistaken registration revocations, or to otherwise ensure that the program is properly administered by the private out-of-state company contracted to run the program. The failure to establish these regulations is a violation of the Administrative Procedures Act and the state law that established the database.

The ACLU’s concerns about implementing the program without any public standards are not without justification, as it has sued the DMV a number of times in the past over regulatory lapses that have adversely affected motorists. In 2012, for example, the ACLU successfully sued the DMV after it refused to reinstate a person’s driver’s license based on a “policy” that appeared nowhere in the agency’s rules and regulations. In 2010, the ACLU successfully settled another case after the DMV advised thousands of motorists that their license and registration would be suspended due to alleged unpaid fines that were the result of incidents occurring on “00/00/0000.”

Supporting Documents

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Related Legislation

Internet Protections (H 6086, H 6087)
Category: 2017    Privacy    

After the recent passage of S.J. Resolution 34 in Congress, which will overturn a Federal Communications Commission rule that requires Internet service providers to get customers’ permission before selling sensitive consumer data, such as browsing history, legislation like H 6086 and H 6087 is imperative. Both bills would seek to regulate the ability of Internet service providers or online commercial businesses to disclose a customer’s personal information to a third party without their express approval. No action was taken on either of these bills after they were heard.

School Computer Privacy (H 5682, S 434)
Category: 2017    Privacy    

For the past couple of years, school districts statewide have begun handing out school-owned computers for at-home use by students. These devices carry virtually no privacy protections. Some schools have even informed children the computers are subject to monitoring at any time, even by remote access while the child is at home. The ACLU is a strong supporter of this legislation, sponsored by Rep. Brian Patrick Kennedy and Sen. Adam Satchell, which would clarify that the devices may only be searched when there is reasonable suspicion to believe the child has engaged in misconduct, prohibit remote access except in limited circumstances, and allow parents to opt their child out of such programs entirely.

In June, the ACLU published a report on our findings regarding the policies of the 1-1 programs -- in which a a private vendor provides free laptops or tablet computers for the school year that students can use at home --  throughout the state, highlighting the need for this legislation. However, no further action was taken on this legislation prior to the June recess.

Police Access to Drug Prescription Database (H 5469, S 656) PASSED
Category: 2017    Privacy    

Just a few years ago, the General Assembly took some important steps to protect the privacy of individuals by requiring law enforcement to have a warrant before accessing records in the state’s prescription drug monitoring program (PMP). However, this legislation, which is being sponsored on behalf of the Attorney General, seeks to undo that progress. During March, the ACLU and the Rhode Island Medical Society testified against this bill stating that the legislation would leave the prescription information of thousands of Rhode Islanders open for scrutiny by police without judicial oversight.

All Rhode Islanders who are prescribed any controlled substance, including anti-anxiety medication, painkillers, and asthma inhalers have their medical information recorded within the database. Yet each of these records would, under this legislation, be available to law enforcement at the mere suggestion that they are necessary for a drug-related investigation. Individuals with chronic pain conditions should not have to fear being investigated by law enforcement viewing these records without context, nor do doctors need to be scrutinized without a judicial confirmation that an investigation is valid.

This legislation passed the Senate and the House with amendments in June, despite strong opposition from more than 20 Rhode Island medical, mental health and substance abuse organizations and was then signed by Governor Raimondo.

Cell Phone Tracking (H5518)
Category: 2017    Privacy    

This legislation submitted on behalf of the Attorney General aims to make amendments to last year's Location Tracking (H 7167, S 2403) bill which requires law enforcement to obtain a warrant before requesting cell phone location information, except in emergencies dealing with the threat of death or serious physical injury. The amendments would make  exceptions as to when a warrant or court order is needed, and dilute the provisions of last year's law designed to protect cell phone users' privacy. No further action was taken on this legislation after being heard.

Automated License Plate Readers (ALPRs) (H 5531)
Category: 2017    Privacy    

Legislation introduced by Representative Robert Jacquard would sanction the installation of automated license plate readers (ALPRs), capable of capturing images at high speeds and across several lanes of traffic, without including any meaningful privacy protections. ALPRs examine license plate data against a series of databases and store this information, along with the date, time, and GPS location of the vehicle. In February, the ACLU testified in opposition to this legislation as it has done in the past.

In late June, the House passed this bill (H 5531) and referred it to the Senate Judiciary Committee, which approved the bill. However, no floor vote was taken on this legislation prior to the General Assembly's June recess.

Prior to any use of ALPRs, it is critical that the State  implement clear and specific restrictions on the use of this technology, particularly by law enforcement. A bill (H 5989) introduced by Representative John Edwards attempts to do just that. This legislation seeks to address the use of technology and sharing of data on Rhode Island’s highways. Last year, the General Assembly authorized the highway truck toll program, which included the use of automated license plate readers (ALPRs). Unregulated, this data becomes a historical record of the movements of every car on the road, allowing for a significant invasion of every driver’s privacy. At the time the Toll Legislation was approved, many legislators acknowledged the need to address this issue. This legislation would require that law enforcement have a warrant to conduct surveillance through technology used in highway surveillance. No action was taken on this bill after being heard.

 

Drones (H 5521, S 172)
Category: 2017    Privacy    

The ACLU testified in the House (H 5521) and Senate (S 172) Judiciary committees in support of legislation to restrict the use of unmanned aerial vehicles, commonly referred to as drones, by law enforcement. Through a combination of increasingly cheaper, more sophisticated technology and financial incentives provided by the federal government, law enforcement entities nationwide have begun obtaining and using drones. This legislation would generally require that a warrant based on probable cause or reasonable suspicion be obtained prior to drone surveillance. It also requires that surveillance be conducted only on an articulated target and that any data captured on a non-target individual must be deleted within 24 hours. No further action was taken on this legislation after being heard.

Stingrays (H 5393)
Category: 2017    Privacy    

The ACLU testified at the House Judiciary Committee in support of this legislation which aims to regulate and limit the use of cell-site simulators, or “stingrays.” Stingray devices are the next step in location tracking, designed to trick cell phones into reporting location information as if the stingray was a normal cell phone tower. Law enforcement entities nationwide install and operate stingrays, capture the cell phone location information of any who pass by, and use the information as they see fit. There is very little information available about the scope of these programs. This legislation was proposed by Blake A. Filippi (H 5393). No further action was taken on this legislation prior to the end of June's recess.

FBI Access to DMV Records (H 5211)
Category: 2017    Privacy    

According to a report from the General Accountability Office released in the spring of 2016, Rhode Island was set to become one of 18 states in the process of negotiating Memorandums of Understanding with the FBI to facilitate their access to driver’s license images for purposes of facial recognition matching. At that time, the ACLU raised concerns about it, and the DMV agreed it would not participate in the program. This legislation, proposed by Representative Charlene Lima is designed to codify that refusal into law, and is an important measure designed to ensure that the privacy of every Rhode Islander is protected when they go to the DMV. No further action was taken on this legislation after being heard.