Naperville Smart Meter Awareness v. City of Naperville, No. 16-3766 (7th Cir. 2018)Annotate this Case
Through a Department of Energy grant, Naperville received $11 million to update its grid and began replacing its residential, analog energy meters with digital “smart meters.” Traditional energy meters typically collect monthly energy consumption in a single lump figure once per month. Smart meters often collect thousands of readings every month, showing the amount of electricity being used inside a home and when it is used. This data reveals information about the happenings inside a home because individual appliances have distinct energy-consumption patterns; researchers can predict the appliances that are present in a home and when they are used. While some cities allow residents to decide whether to adopt smart meters, Naperville’s residents cannot opt out of the smart-meter program. Naperville stores the data for up to three years. Concerned citizens sued, alleging that Naperville’s smart meters reveal “intimate personal details and that collection of this data constitutes an unreasonable search under the Fourth Amendment as an unreasonable search and invasion of privacy under the Illinois Constitution. The Seventh Circuit affirmed dismissal. The data collection constitutes a search but, given the significant government interests in the program and the diminished privacy interests at stake, the search is reasonable.