Reasonable Expectations of Privacy in the Digital Age

In this digital age of smart phones, global positioning systems, cloud computing, and social networking, determining what constitutes private information and what lengths our legal system will go to protect it is increasingly challenging. The reality is that our legal framework lags behind our rapidly changing, technology-driven world. And it is unclear whether and how our legislatures and courts will tackle the "vexing problems"¹ caused by the increasingly complex intersection of privacy and technology.

Despite the lack of clear guidance, each day businesses confront difficult questions on what constitutes private information and to what extent the law protects it. This means that we must not only understand the current framework, but also anticipate the next, new privacy issue. The following discussion focuses on three emerging topics in this area—(1) tracking one's public movements via global positioning systems, (2) restrictions on accessing data posted on social