Click here to close now.




















Welcome!

Wearables Authors: Elizabeth White, Kevin Benedict, Liz McMillan, Jim Kaskade, Ian Khan

Related Topics: Mobile IoT

Mobile IoT: Article

Tracking Your Children with GPS - Do you have the right?

Tracking Your Children with GPS - Do you have the right?

Modern technology means we can track our children, but do we have the right to know where they are, and do they have the right to keep their location from us?

Parents may not be able to keep their children in sight at all times, but GPS technology allows them to track their location almost anywhere. Many emerging products focus on children. With either existing GPS technology or that which one day may find its way onto the retail shelves, parents will be able to keep track of teenagers' use of cars, to know how fast the teens have been driving, or to find them when they do not return from a date by 11 in the evening.

Little children can be given a bracelet to track their movements and help frantic parents when they get lost in the mall. An online retailer advertises a GPS-connected wristwatch that enables a parent to locate a child within a minute by making a simple telephone call. The same technology is available for your puppy's collar, by the way. Some have even hypothesized the implanting of a chip into little children that could be read by GPS in the event of a kidnapping.

At some point, a teenager just might tell mom and dad to forget the tracking and count on the teen calling home. Every household will grapple with this issue in its own way, but what does the law have to say about a child's right to privacy from GPS tracking by parents?

Do These Products Raise Legal Issues?
Children do have privacy rights, just like adults, although even the most important constitutional rights of children may be limited because of their minority status. I have found that virtually nothing specific to GPS and children has been legislated, nor has much been written about the subject. In contrast, concerns about children's privacy have been raised in other areas. There have been outcries in Europe about identity cards that might carry such data as health information about a child. In this country, the Children's Privacy Protection Act of 1998 limits the ways Web site operators and others may collect and disseminate information pertaining to customers under the age of 13.

But those concerns relate to protecting children from privacy invasions by outsiders, not by their parents. In contrast, GPS chiefly raises issues in the realm of parent-child relationships. One area where the parent-child relationship has collided with privacy concerns is the medical arena, especially with the controversial and politically charged issue of abortion. But neither the legislation nor judicial decisions arising out of such issues provide clear rules for GPS.

Is there any guidance for GPS manufacturers or tech-confident parents? With nothing on record, we have to step back to basics.

Parental Rights
Traditionally, a child is considered legally an adult at 21, but each state is free to legislate that limit to be 18 or some other number, and free to set it differently for different things. In this day and age, where children are often more technologically savvy than their parents, such laws may seem an anachronism. Regardless, one must first find out what the local rules are in the state where the child resides.

Contrary to there being any clear rules protecting children from parents using surveillance devices on them, the law generally runs in the other direction. Parents have the legal right to extensive control over their children, and that would include the right to govern where the children go. Children, on the other hand, generally owe a legal duty of obedience to their parents. These rights by and large are not taken away from parents except in instances of parental neglect and abuse; absent that, a parent has great latitude.

Indeed, the courts, from the United States Supreme Court on down, have recognized that children are different than adults when it comes to rights. In the 1979 Bellotti case, the Supreme Court said: "We have recognized three reasons justifying the conclusion that the constitutional rights of children cannot be equated with those of adults: the peculiar vulnerability of children; their inability to make critical decisions in an informed, mature manner; and the importance of the parental role in child rearing." That leads, in the Supreme Court's view, to a tradition in the United States of enforcing parental authority unless there are exceptional circumstances.

The courts have gone against that tradition and limited parental rights in such areas as abortion. But that is done only after paying great deference to the rights of the parents and determining there is, in the court's view, a more important issue at stake.

One area where parental rights have been limited slightly involves "location," if not GPS. Generally, the courts allow youth curfew statutes, even against the wishes of parents. But those decisions would not likely stand in the way of parents wanting to track the whereabouts of their children. If anything, they support the notion that children may be limited in their locational rights.

The Bottom Line
While there is little law on the subject, a parent's desire to track a teenager's auto usage or keep a young child from getting lost will not likely present strong enough breaches of any right of privacy to cause the courts to interfere. Rather than look to the courts for relief, teens will have to resort to old-fashioned negotiation with mom or dad to be freed of GPS tracking.

More Stories By Stephen N. Roberts

Stephen N. Roberts is a partner in the San Francisco office of Nossaman Guthner Knox and Elliott LLP where he has a general business litigation practice. His work focuses on public contracts, and related infrastructure and public law issues, including privacy and open records laws. Steve has chaired the ITS America Legal Issues Committee task force on privacy.

Comments (1) View Comments

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


Most Recent Comments
kevin brown 12/29/03 03:17:57 PM EST

Followus? offers the UK?s first multi-network Commercial Location Service using Cell Location technologies

Followus Ltd, (?Followus?) the UK?s premier cell location provider, is pleased to announce that it is able to pin-point location of standard mobile phones using its unique software coding technologies. This location is then delivered to the Commercial Customer on a street map via the Followus? website.

This revolutionary development enables Followus? to offer the location of a mobile phone within 80 meters in some urban areas without the need for high cost GPS solutions that are presently offered in the market place.

To activate the service, the commercial customer need only register at the Followus? web site or contact Followus? directly. Thereafter, the telephone numbers for the mobile phones that the customer wishes to locate will be verified by Followus?, to ensure that no unauthorised location or misuse can take place. We have in-built approved processes to ensure privacy is protected. Once activated, the Followus? server will when requested, pull raw location data from the mobile device and calculate the position, before importing it into a street map and delivering to the customer.

Martin Brown, Commercial Director for Followus? said: ?We are delighted with the market response to our Followus? Location Service. Put simply, we have enabled our Followus? customers to locate their company mobile phones without the need for them to pay for additional high cost GPS hardware solutions nor incur additional installation costs ? So long as they have company mobile phones, then we can locate them!

This is a real answer to the problem of delivering a safe working environment for employees who work ?in-the-field?, particularly as HSE requirements tighten. Our development has swung open the barn door and will enable both large and small companies to introduce location information into their businesses and mobile workforces, at a low cost, which is fully scalable.

We also offer a Followus Location Device that is small enough to be placed in valuable packages or can be used in conjunction with vehicles, trailers, plant machinery?the options are endless.

What?s? more, we can charge our customers on a Pay-As-You-Go basis; this is an extremely cost effective way to introduce location services into your company. It simply does not get any better if you Followus? ?.

ENQUIRIES

Followus Limited
Martin Brown - Commercial Director 0845 2309751
Operational Dynamics:
Kevin M Brown ? Operations Director 0845 2309751

ABOUT FOLLOWUS? www.followus.co.uk
Followus? is a ground breaking location delivery company using advanced cell mast location technologies within the UK.

Followus? is a wholly owned, based and financed company within the UK and has valuable experience of operations within the automotive and haulage market sectors. Followus? has launched its advanced Asset Location Device that can be applied to locate anything from plant machinery to packages and it?s know-how also extends bespoke turn-key location solutions.

Followus? is backed by more than 15 years combined experience in advanced location developments with its officers previously operating in both government and commercial fields. Most importantly Followus? is delivering real solutions now.

Look out for the Followus? location solutions to be offered into the Retail Market later this year.

Enquiries:
Followus Limited
PO Box 730, Luton, Bedfordshire, LU1 4ED
Tel: +44 (0)845 230 9751
Fax: +44 (0)870 429 2712
Website : www.followus.co.uk
Email : [email protected]
Registered in England and Wales No. 4630013

@ThingsExpo Stories
SYS-CON Events announced today that HPM Networks will exhibit at the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. For 20 years, HPM Networks has been integrating technology solutions that solve complex business challenges. HPM Networks has designed solutions for both SMB and enterprise customers throughout the San Francisco Bay Area.
For IoT to grow as quickly as analyst firms’ project, a lot is going to fall on developers to quickly bring applications to market. But the lack of a standard development platform threatens to slow growth and make application development more time consuming and costly, much like we’ve seen in the mobile space. In his session at @ThingsExpo, Mike Weiner, Product Manager of the Omega DevCloud with KORE Telematics Inc., discussed the evolving requirements for developers as IoT matures and conducted a live demonstration of how quickly application development can happen when the need to comply wit...
The Internet of Everything (IoE) brings together people, process, data and things to make networked connections more relevant and valuable than ever before – transforming information into knowledge and knowledge into wisdom. IoE creates new capabilities, richer experiences, and unprecedented opportunities to improve business and government operations, decision making and mission support capabilities.
Explosive growth in connected devices. Enormous amounts of data for collection and analysis. Critical use of data for split-second decision making and actionable information. All three are factors in making the Internet of Things a reality. Yet, any one factor would have an IT organization pondering its infrastructure strategy. How should your organization enhance its IT framework to enable an Internet of Things implementation? In his session at @ThingsExpo, James Kirkland, Red Hat's Chief Architect for the Internet of Things and Intelligent Systems, described how to revolutionize your archit...
MuleSoft has announced the findings of its 2015 Connectivity Benchmark Report on the adoption and business impact of APIs. The findings suggest traditional businesses are quickly evolving into "composable enterprises" built out of hundreds of connected software services, applications and devices. Most are embracing the Internet of Things (IoT) and microservices technologies like Docker. A majority are integrating wearables, like smart watches, and more than half plan to generate revenue with APIs within the next year.
Growth hacking is common for startups to make unheard-of progress in building their business. Career Hacks can help Geek Girls and those who support them (yes, that's you too, Dad!) to excel in this typically male-dominated world. Get ready to learn the facts: Is there a bias against women in the tech / developer communities? Why are women 50% of the workforce, but hold only 24% of the STEM or IT positions? Some beginnings of what to do about it! In her Opening Keynote at 16th Cloud Expo, Sandy Carter, IBM General Manager Cloud Ecosystem and Developers, and a Social Business Evangelist, d...
In his keynote at 16th Cloud Expo, Rodney Rogers, CEO of Virtustream, discussed the evolution of the company from inception to its recent acquisition by EMC – including personal insights, lessons learned (and some WTF moments) along the way. Learn how Virtustream’s unique approach of combining the economics and elasticity of the consumer cloud model with proper performance, application automation and security into a platform became a breakout success with enterprise customers and a natural fit for the EMC Federation.
The Internet of Things is not only adding billions of sensors and billions of terabytes to the Internet. It is also forcing a fundamental change in the way we envision Information Technology. For the first time, more data is being created by devices at the edge of the Internet rather than from centralized systems. What does this mean for today's IT professional? In this Power Panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, panelists addressed this very serious issue of profound change in the industry.
Discussions about cloud computing are evolving into discussions about enterprise IT in general. As enterprises increasingly migrate toward their own unique clouds, new issues such as the use of containers and microservices emerge to keep things interesting. In this Power Panel at 16th Cloud Expo, moderated by Conference Chair Roger Strukhoff, panelists addressed the state of cloud computing today, and what enterprise IT professionals need to know about how the latest topics and trends affect their organization.
It is one thing to build single industrial IoT applications, but what will it take to build the Smart Cities and truly society-changing applications of the future? The technology won’t be the problem, it will be the number of parties that need to work together and be aligned in their motivation to succeed. In his session at @ThingsExpo, Jason Mondanaro, Director, Product Management at Metanga, discussed how you can plan to cooperate, partner, and form lasting all-star teams to change the world and it starts with business models and monetization strategies.
Converging digital disruptions is creating a major sea change - Cisco calls this the Internet of Everything (IoE). IoE is the network connection of People, Process, Data and Things, fueled by Cloud, Mobile, Social, Analytics and Security, and it represents a $19Trillion value-at-stake over the next 10 years. In her keynote at @ThingsExpo, Manjula Talreja, VP of Cisco Consulting Services, discussed IoE and the enormous opportunities it provides to public and private firms alike. She will share what businesses must do to thrive in the IoE economy, citing examples from several industry sectors.
There will be 150 billion connected devices by 2020. New digital businesses have already disrupted value chains across every industry. APIs are at the center of the digital business. You need to understand what assets you have that can be exposed digitally, what their digital value chain is, and how to create an effective business model around that value chain to compete in this economy. No enterprise can be complacent and not engage in the digital economy. Learn how to be the disruptor and not the disruptee.
Akana has released Envision, an enhanced API analytics platform that helps enterprises mine critical insights across their digital eco-systems, understand their customers and partners and offer value-added personalized services. “In today’s digital economy, data-driven insights are proving to be a key differentiator for businesses. Understanding the data that is being tunneled through their APIs and how it can be used to optimize their business and operations is of paramount importance,” said Alistair Farquharson, CTO of Akana.
Business as usual for IT is evolving into a "Make or Buy" decision on a service-by-service conversation with input from the LOBs. How does your organization move forward with cloud? In his general session at 16th Cloud Expo, Paul Maravei, Regional Sales Manager, Hybrid Cloud and Managed Services at Cisco, discusses how Cisco and its partners offer a market-leading portfolio and ecosystem of cloud infrastructure and application services that allow you to uniquely and securely combine cloud business applications and services across multiple cloud delivery models.
The enterprise market will drive IoT device adoption over the next five years. In his session at @ThingsExpo, John Greenough, an analyst at BI Intelligence, division of Business Insider, analyzed how companies will adopt IoT products and the associated cost of adopting those products. John Greenough is the lead analyst covering the Internet of Things for BI Intelligence- Business Insider’s paid research service. Numerous IoT companies have cited his analysis of the IoT. Prior to joining BI Intelligence, he worked analyzing bank technology for Corporate Insight and The Clearing House Payment...
"Optimal Design is a technology integration and product development firm that specializes in connecting devices to the cloud," stated Joe Wascow, Co-Founder & CMO of Optimal Design, in this SYS-CON.tv interview at @ThingsExpo, held June 9-11, 2015, at the Javits Center in New York City.
SYS-CON Events announced today that CommVault has been named “Bronze Sponsor” of SYS-CON's 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. A singular vision – a belief in a better way to address current and future data management needs – guides CommVault in the development of Singular Information Management® solutions for high-performance data protection, universal availability and simplified management of data on complex storage networks. CommVault's exclusive single-platform architecture gives companies unp...
Electric Cloud and Arynga have announced a product integration partnership that will bring Continuous Delivery solutions to the automotive Internet-of-Things (IoT) market. The joint solution will help automotive manufacturers, OEMs and system integrators adopt DevOps automation and Continuous Delivery practices that reduce software build and release cycle times within the complex and specific parameters of embedded and IoT software systems.
"ciqada is a combined platform of hardware modules and server products that lets people take their existing devices or new devices and lets them be accessible over the Internet for their users," noted Geoff Engelstein of ciqada, a division of Mars International, in this SYS-CON.tv interview at @ThingsExpo, held June 9-11, 2015, at the Javits Center in New York City.
Internet of Things is moving from being a hype to a reality. Experts estimate that internet connected cars will grow to 152 million, while over 100 million internet connected wireless light bulbs and lamps will be operational by 2020. These and many other intriguing statistics highlight the importance of Internet powered devices and how market penetration is going to multiply many times over in the next few years.