Geolocation Now Under Scrutiny by FTC

The Federal Trade Commission testified before Congress on the Commission's efforts to address the privacy concerns raised by the tracking of information about consumers’ location, as well as proposed legislation to protect consumer privacy involving geolocation data on June 4, 2014. In that testimony, Director of the FTC, Jessica Rich, outlined the FTC’s ongoing efforts to protect the privacy of consumers’ geolocation information through enforcement, policymaking, and consumer and business education. The FTC has now taken the positions that precise geolocation data is sensitive personal information increasingly collected for use in the marketing of consumer products and services. Although the FTC admitted that the collection and use of such data make consumers’ lives easier and more efficient, at the same time, it raises concerns because it can reveal a consumer’s movements in real time and provide a detailed record of a consumer’s movements over time. “Geolocation information can divulge intimately personal details about an individual. Did you visit an AIDS clinic last Tuesday? What place of worship do you attend? Were you at a psychiatrist's office last week? Did you meet with a prospective business customer?” are the examples cited by the Director.