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Privacy International (PI) and the Electronic Frontier Foundation (EFF) filed an amicus brief in the case of Naperville Smart Meter Awareness v. City of Naperville before the United States Court of Appeals for the 7th Circuit.
PI and EFF argue that usage data from smart electricity meters differs quantitatively and qualitatively from analog electricity meters, revealing intimate details regarding a person’s private in-home activities.
PI and EFF argue that an Illinois District Court’s decision that there is no reasonable expectation of privacy in aggregate electrical usage data, regardless of whether the data is collected by a smart meter or analog meter, is flawed and that the Court’s decision should be reversed.
Patterns generated by smart meter data can be used to infer how many individuals reside in a home as well as their activities, habits, and rhythms of movement, including when they leave their home and when they go to sleep.
Smart meter data can even reveal which appliances are functioning at a given time, allowing one to infer, for example, when residents consume meals, take showers, watch TV, and use exercise equipment.
Privacy International Legal Officer Scarlet Kim said: “The transition from analog meters to smart meters — from a single monthly reading of energy usage to thousands of data points per month — transforms a blunt record of kilowatts consumed into a deeply personal snapshot of a person’s life. The data protection and privacy implications of collecting this data are not confined to Illinois but resonate around the world.”
Electronic Frontier Foundation Staff Attorney Jamie Williams said: “The lower court made false assumptions about how smart meter technology works, and its decision is a threat to the privacy of the 57 million and counting American homes with this new technology.”
Utility companies are replacing electricity, gas and water meters worldwide with new generation “smart” meters at an unprecedented rate. Take Back Your Power investigates the benefits and risks of this ubiquitous “smart” grid program, with insight from insiders, expert researchers, politicians, doctors, and concerned communities. Transparency advocate Josh del Sol takes us on a journey of revelation and discovery, as he questions corporations’ right to tap our private information and erode our rights in the name of “green”. What you discover will surprise you, unsettle you, and inspire you to challenge the status quo.
Today the San Francisco Chronicle confirmed utilities are giving customers smart meter data to the government and third parties. Reporter David Baker writes, “Phone records and e-mail aren’t the only kinds of personal data that government agencies can collect on Americans. They can look at your home’s energy use, too. And that information can be revealing.”
Smart meters are a surveillance tool, best described by Jerry Day in this video– which has reached over 1.7 million viewers. And now we have proof that if you have a smart meters on your home, your privacy: what you do in your home, or if your not home, when you cook, watch TV, or if you get up in the middle of the night is provided to third parties for “legal” purposes when requested. The smart meter data when analyzed shows a detailed pattern of your life.
The Northern California ACLU writes, “transparency reports filed by the California utilities companies and obtained by the ACLU of California show that a significant amount of data about the energy use of Californians is also ending up in the hands of third parties. In 2012, a single California utility company, San Diego Gas & Electric, disclosed the smart meter energy records of over 4,000 of its customers. “
The “privacy” rules, adopted by the California Public Utilities Commission (CPUC) allows disclosure of smart meter data for legal purposes, or pursuant to situations of imminent threat to life or property. San Diego Gas & Electric (SDG&E) disclosed the records of 4,062 customers. PG&E disclosed 86 and SCE disclosed one.
“In 4,000 of those [SDGE] cases, the information was subpoenaed by government agencies, often in drug enforcement cases or efforts to find specific individuals, according to the utility. The other 62 disclosures came as the result of subpoenas in civil lawsuits. Some of the released information focused solely on billing information, account addresses and other data that could be used to locate an individual.” David Baker- SF Chronicle
According to the ACLU “a single legal request can potentially result in the disclosure of millions of customers’ records.”