Intellectual Property Law

Nowadays, we can use a GPS (global positioning system) to track our children?s steps.  A child locator or kids GPS is an advanced technology system that helps parents know where their children are. The system provides immediate wander alerts and directional guidance so parents know the specific location where their children are and are aware if children get away from school or ?authorized zones.?  Kids GPS vary on capability, area of coverage, functions, and prices.  Some of them allow audio.  This means, you can hear children?s conversations anywhere they are.  GPS tracking for children may also be ordered by courts in juvenile cases as condition for probation.  Is GPS tracking for children a violation of children?s right to privacy or denial of equal protection of the law?

GPS tracking systems may be installed in children?s clothing, backpacks, watches, etc.  Also, they are commonly used by parents to track teenagers.  They can be placed in the teenager?s car and any other accessory that provides no warning to the juvenile.  It is a fact that in the United States and, probably in many other countries, missing children is an ever increasing problem.  The use of kids GPS may be an excellent source to save children?s lives.  Some may call the use of kids GPS safety and others may call it paranoia.  Yet, this is not the relevant issue. The relevant issue is whether GPS tracking for children violates children?s privacy when used by parents.  For the time being, there is no legal precedent decision to answer this specific question in the United States (U.S.).  The Constitution and Privacy laws of the United States protect individuals? freedoms and privacy.  They usually do not differentiate on whether the individual is a minor or an adult.  In fact, the Constitution of the United States guarantees equal protection of the law. Thus, by now we can just voice our opinions and wait for the first legal decision that addresses this specific issue.

Regarding GPS children tracking by court order, some U.S. courts have addressed the issue of GPS tracking systems used in juvenile offenders who are placed in probation. In the California case of Re R.V., 89 Cal. Rptr. 3d 702 (2009), the Court of Appeal of California, First Appellate District, Division Three, answered the question of whether a GPS tracking system placed in juvenile offenders as condition for probation was a violation of the minor?s right to privacy and denial of equal protection of the law.  

The juvenile in this case was a 16 years old and accused of receiving stolen property for the benefit of a criminal street gang.  The facts show the minor used illegal substances, was involved in gang activities, and had no parental control.  After conviction, the minor was ordered home detention, which he violated several times. Then, the minor was ordered to use a GPS tracking device to assure that he was attending school and that he was within the court-authorized zones.  The minor challenged the imposition of the GPS device.  He argued it violated his privacy rights and his right to Equal Protection of the law.   

The court held that the GPS tracking system imposed for this minor did not violate his right to privacy or deny him equal protection of the law.  The court held that this system was statutorily authorized for adult probationers and was also permissible for juvenile probation.  Also, the court held, this tracking system was reasonable related to the minor?s past behavior and was likely to deter future criminality.  The juvenile was being monitored to assure that he was at school and observing his curfew.

Therefore, GPS tracking for children when ordered by courts for probation purposes may not violate children?s right to privacy or deny them equal protection of the law.  Hence, whether the same tracking system used by parents violates privacy rights is another issue not yet addressed by the U.S. courts.