Forward Looking Infrared - Privacy

Privacy

In 2001, the United States Supreme Court decided that performing surveillance of private property (ostensibly to detect high emission grow lights used in clandestine cannabis farming) using thermal imaging cameras without a search warrant by law enforcement violates the Fourth Amendment's protection from unreasonable searches and seizures. Kyllo v. United States, 533 U.S. 27, 121 S.Ct. 2038, 150 L.Ed.2d 94 (2001).

In R v. Tessling Canada's Supreme court determined that the use of thermal imagers in surveillance by police was permitted without requiring a search warrant. The Court determined that the general nature of the data gathered by thermal imagers did not reveal personal information of the occupants and therefore was not in violation of Tessling's Section 8 rights afforded under the Charter of Rights and Freedoms (1982).

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