MaryAnn Spoto reports:
Beware, all you cheating husbands and wives.
The use of a GPS device to track your whereabouts is not an invasion of privacy in New Jersey, a state appellate court panel ruled today.
Based on the battle of a divorcing Gloucester County couple, the decision helps clarify the rules governing a technology increasingly employed by suspicious spouses — many of whom hire private investigators.
Venkat Balasubramani blogs about the legal decision on Technology & Marketing Law Blog, where he raises a number of interesting points about what the court did – and did not – address, including:
It was also interesting that despite using a “reasonable expectation of privacy” standard, the court does not discuss the diminished expectation of privacy for the husband vis a vis his wife . . . who is trying to investigate him for having an affair. I’m not suggesting that spouses waive their privacy rights with respect to one another, but if you’re having an affair, is it not reasonable to expect that your spouse may be checking up on you?