You are implying that any data gathered will be delivered to the government upon request (unsure if you are implying with or without a warrant). If you can show me from this article, or even this case, regarding this privacy case that that happened, then yes I agree with you and the fourth amendment applies.
But this issue is between private entities which generally precludes amendments from being applicable. Specifically, the plaintiffs alleged that the infotainment systems collected and stored personal data without consent and violated Washington’s Privacy Act.
I’m not implying anything
An Annapolis, Maryland-based company, Berla Corporation, provides the technology to some car manufacturers but does not offer it to the general public, the lawsuit said. Once messages are downloaded, Berla’s software makes it impossible for vehicle owners to access their communications and call logs but does provide law enforcement with access, the lawsuit said.
The Fourth Amendment will affect police, but it won’t restrict a random person who is given access to something from turning over whatever data they want to police.
Say I hire a painter, and the painter is painting my house’s interior, and sees a bloody knife in my house. He can report that to the police. But, remove the painter from the picture, and the police could not enter to look for such a thing absent a warrant.
'course, the flip side of that is that if the police get a warrant, then they can enter whether I want them in the house or not, whereas the painter can only enter because I choose to let him in.
Not just police, any armed investigatory unit or state sponsored militia. The idea of a “police” force was pretty vague at the time, so the umbrella covers much more than it initially intended to.
You’re willingly giving this data to the manufacturer, at which point they’re free to do with that data whatever they please, according to the terms of the agreement you sign, including giving that data to government authorities. The government isn’t unlawfully searching and seizing because they aren’t even forcing the manufacturer to give up the data, they are freely giving it as they are allowed.
This isn’t to say I’m defending the privacy violations or the government, but it is the case that this situation isn’t protected by the constitution, we have to and should make a specific law for it.
