Privacy policies are ubiquitous yet generally ignored. We sign privacy policies when we “accept cookies” on a website, download an app, allow apps to have location permissions, sign up for a newsletter, use a fitness tracker, access public Wi-Fi and bank online. Privacy policies can be found in clickwrap agreements, where you check a box to accept terms, though most users never click the link and read the terms. These policies are contracts that outline how your personal data is collected, used and shared, and they are legally binding with real consequences.

Privacy is actually rare and consumer data is incredibly valuable. The aggregation of personal data, including image and voice data and other personally identifiable information from our social media activity, smart devices, health apps and our physical and digital footprints forms a detailed database about us. This “database” of our information can power targeted advertising and political messaging, individualized airline pricing, location surveillance, insurance discrimination and more.

While the Fourth Amendment protects our right to privacy in our homes, that protection has limits when it comes to our digital home. The third-party doctrine destroys a reasonable expectation of privacy when we voluntarily provide information to others. Many homes today are “smart” homes, equipped with listening devices like Amazon Alexa and Echo, as well as safety cameras and smart doorbells. By purchasing these devices, we agree to their privacy policies and consent to the collection of data from our homes.

Additionally, beyond the commercial uses of our data, the Electronic Communications Privacy Act of 1986 makes it easier for courts to access stored digital data. It requires companies to hand over user data if there are reasonable grounds to believe it is relevant, a lower standard than probable cause. This standard applies to stored electronic data, such as the recordings that Amazon Alexa and other listening devices collect.

For further reading from our website on the topics discussed here, see the following insights and IP Bits & Pieces®: 23andMe Bankruptcy Raises Privacy Concerns Over Genetic Data, Data Sold to Auto Insurers Without Drivers’ Knowledge or Consent, Data Privacy: Protecting Personal Information, Comprehensive State Consumer Privacy Laws and DOs and DON’Ts for Website Privacy Policies.