Constitutional Dimensions of Law Enforcement Using Big Data

In an era that is reliant on technology, the extent of the Fourth Amendment’s applicability to this technology has subsequently become blurred. With more information trickling out of our phones with each passing day, the amount of data accumulated by corporations is respectively growing larger. The accumulation of such information is denoted as “big data”. Big data refers to large sets of information garnered by artificial intelligence. Such data sets can contain anything from an individual’s browser history to their medical records. Through mining of this data, corporations or the government can ascertain “protected personal information” (PPI). Whether society is aware of it or not, individual data is constantly shifting hands in the digital realm. For this reason, the question of whether such information constitutes protection under the Fourth Amendment must be clarified. With society’s utter reliance on technology, it would be difficult for citizens to prevent or avoid the dissemination of their PPI through their (sometimes) inadvertent waivers of their right to keep this information private. However, the benefits derived from big data may outweigh the trepidations of individuals due to its potential for administering a predictive approach to policing.