Seventh Circuit Affirms City’s Right to Collect Resident Energy-Consumption Data Every 15 Minutes
August 29, 2018
by
Reena R. Bajowala, Partner
On August 16, 2018, the Seventh Circuit Court of Appeal issued Naperville Smart Meter Awareness v. City of Naperville, No. 16-3766 (slip op.), finding the City of Naperville’s mandatory “smart meter” program was not an unreasonable search under the Fourth Amendment to the U.S. Constitution. The City of Naperville owns and operates the public utility that provides electricity to the city’s residents. The utility collects and retains residents’ energy-consumption data at 15-minute intervals for up to three years. Traditional analog energy meters typically collect monthly energy consumption in a single lump figure once a month. Notably, a resident cannot opt-out of Naperville’s smart meter program. The Court analyzed whether the data collection constituted a “search.”
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