TechWeekEurope UK » EU Demands Explicit Geo-Location Permissions » TechWeekEurope UK. The hopes of companies planning to use geo-location data to push products and services to mobile device users have taken a beating in the European Union, following a pronouncement from the European Data Protection Supervisor (EDPS) Peter Hustinx. His opinion that geo-location data should be considered private has been approved by the Article 29 Working Group. This means that mobile service providers will have to gain the user’s explicit permission to collect or relay location data. Implicit Permission Is Not Good Enough The opinion document released by the working party states: “If telecom operators want to use base station data in order to supply a value-added service to a customer, according to the revised e-privacy directive they must obtain his or her prior consent.
They must also make sure the customer is informed about the terms of such processing.” When it comes to phones and tablets using satellite geo-location, the situation is much the same. Apple And Google In A Bad Position. Do European data protection laws apply to the collection of WiFi network data for use in geolocation look-up services? European Commissioner Reding on Geolocation DataSDI Magazine. Published on Saturday, 10 September 2011 15:56 Written by Roger Longhorn MEP (Member of European Parliament) Gilles Pargneaux (S&D) requested a written answer from the European Commission on "Considering geolocation data as personal data".
European Commission vice-President Viviane Reding, also Commissioner responsible for justice, fundamental rights and citizenship, replied. MEP Gilles Pargneaux (S&D): In mid-May my attention was drawn to the use of our data made by operators such as Google and Apple. In particular, it appears they are able to record our movements by periodically collecting our geolocation signals. They justify this by saying they are trying to improve the services offered. Can the Commission tell me whether it intends to consider the localisation data stored in mobile equipment as personal data, in the same way as a person’s name or date of birth? Commissioner Reding replies: "In many cases, anonymous location data is sufficient to provide these services. Article 29 Working Party - Consent for Geolocation Services, Business Law Firm, Fox Williams. June 8, 2011 The Article 29 Working Party has published an Opinion on Geolocation services on smart mobile devices and taken a strong position on consent, stating that consent cannot be considered to be freely given through the mandatory acceptance of general terms and conditions or through opt-out possibilities.
The Article 29 Working Party considers that due to the level of detailed personal data collected through geolocation services and the importance of obtaining informed consent, the default position should be that location services are ‘OFF’ and users “may granularly consent to the switching ‘ON’ of specific applications”. Article 29 Working Party The Article 29 Working Party is made up of representatives from the data protection authorities of each EU Member State. Geolocation Services Geolocation services are services related to the location of a particular device. Data Protection Consent Related pages: Data protection privacy & emarketing Data Protection, Privacy and emarketing. Techblogger article in Computing magazine on DP and geolocation services « Brodies TechBlog. William Fry - Publication - EU Opinion on Geolocation Services.
The EU Data Protection Commissioners’ grouping called the Article 29 Working Party (the “Working Party”) has given an opinion on geolocation services on smart mobiles indicating that prior consent from users is likely to be required. The objective of the opinion is to clarify legal and other obligations that apply to geolocation services and will influence national regulators. Geolocation services include geotagging of internet content, location based advertising, maps and navigation. The three main types of infrastructure such services are provided on are GPS, GSM base stations and WiFi routers.
The opinion focuses on privacy issues related to these. According to the Working Party, geolocation data from smart mobile devices constitute personal data within the meaning of the Directive 95/46/EC (the “Data Protection Directive”) as it is possible indirectly to identify individuals and personal details about individuals. Contributed by David Cullen. Article 29 Working Party leaves geo-location service providers disorientated after strict data protection opinion about geo-location data | Matthew Arnold & Baldwin LLP | Giving you a lot more than just law... The Article 29 Working Party has concluded an opinion on geo-location services on smart mobile devices (such as smart phones and tablet computers) by saying that they are linked to natural persons and therefore any geo-location data involving the devices are deemed personal data.
As such, under the Data Protection Directive, the most applicable legitimate ground for processing that data is by giving the users of those devices sufficient information and obtaining their prior, informed consent. The Working Party said that the means of consent must be clear, rather than implied without the user being fully aware.
The description must therefore not be hidden away in terms and conditions. The consent must be specific for particular purposes and if the purposes change in any way then further specific consent must be obtained. Users should in any event be reminded at least once every year that location data is being processed about them. Geolocation - Online privacy: who knows about you? - Technology - Which? Campaigns. Antivirus is as important as ever for protecting your computer against threats, but should you really have to pay to stay safe? We take a look at the features you can expect to find on both free and paid software, plus the benefits of Microsoft Windows 10 Security, previously known as Windows Defender, and whether you need antivirus on a Mac.
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Implied forms of consent, popular in the UK, now look set to disappear in an effort to protect citizens' privacy and to harmonise data protection regimes across all EU Member States. What are geolocation services? Tracking the whereabouts of friends (e.g. Data Protection in the Telecommunications Sector - Data Protection Commissioner - Ireland. European privacy body’s opinion on geolocation services on smartphones | Watching the Connectives. Regular readers will recall the curious case of Mr Spitz and his surprise at the amount of data his mobile phone company retained about his whereabouts, whilst Apple has recently come in for its fair share of opprobrium for collecting location information. Against that backdrop it was interesting to read the recently published opinion of the (rather inelegantly named) ‘Article 29 Data Protection Working Party’ on ‘Geolocation services on smart mobile devices’. They conclude that generally specific opt-in user consent will be required to collect and use geolocation information for information society services.
The Working Party’s opinions are not binding, but in practice are highly persuasive and tend to be followed. So far as the legal framework is concerned, the opinion distinguishes between: From this basis the opinion suggests that: Like this: Like Loading... International technology, telecoms and outsourcing lawyer. Location data should qualify as personal data, watchdogs say. The data should be classified as personal data because it can be used to identify people, the Article 29 Working Party said. The Working Party is a committee made of up national data protection regulators from the 27 EU member states. The group has said in a published opinion that the EU Data Protection Directive's wording already qualified geolocation data for protection under the law. The Directive says that personal data is any information that can lead to someone being identified.
The Working Party said it was possible to identify someone using a device that stores geolocation data. "It is a fact that the location of a particular device can be calculated in a very precise way ... Matching the unique address given to phones with the location of Wi-Fi access points can also lead to people being identified, the Working Party said. "With the help of these resources, in many cases a small group of apartments or houses can be identified where the owner of the access point lives ... Article_29_Party_Opinion_Nauwelaerts_quoted_5.11. Article 29 Working Party Opines on Geolocation Services. On May 16, 2011, the Article 29 Working Party (the “Working Party”) adopted an Opinion on geolocation services on smart mobile devices (the “Opinion”).
The Opinion clarifies the legal framework and obligations applicable to geolocation services such as maps and navigation tools, geo-personalized services, geotagging of content on the Internet, child control and location-based advertising. The Opinion addresses specific privacy concerns with regard to the main types of infrastructure used to provide geolocation services, namely GPS (satellite-based) technology, GSM (antenna-based) base stations and WiFi routers. Special attention is paid to services using WiFi access points and their unique identifiers (e.g., Medium Access Control (“MAC”) addresses).
The e-Privacy Directive Does Not Apply to Geolocation Services on Smart Mobile Devices Geolocation data are personal data. View a copy of the Opinion. Understanding new guidance on data protection and geolocation services - 12 Jul 2011 - Computing Opinion. The grouping of representatives from the data protection authorities in each European member state, known as the Article 29 Working Party, recently published an opinion on the use of geolocation services on smart mobile devices such as smartphones and tablets. The opinion attempts to clarify how the European Data Protection Directive applies to geolocation data generated by mobile phone mast triangulation and the use of Wi-Fi access points and Global Positioning System (GPS) transponders, which can potentially track the movements of users.
This information may be used not just by the operators of mobile phone networks and third-party geolocation infrastructure services that "map" Wi-Fi access points, but also by apps used on mobile devices, so there are clearly control and privacy issues. Notably, the opinion follows the Working Party's opinion on behavioural advertising cookies, with a strict line on the level of consent required from users to process such information.
EU to get tough on geolocation data privacy. By Stewart Mitchell Posted on 13 May 2011 at 12:41 The European Union is expected to clamp down on geolocation services in the wake of fears over privacy, according to reports. Following revelations that Apple and Android phones routinely tracked handset whereabouts, the issue of geolocation has risen to prominence. Now EU regulators are planning to add location to the personal information hotlist, joining identifiable information such as date of birth, names and other key details. Geolocation data has to be considered as personal data For handsets and mobile software manufacturers that would mean companies would have to ask for consent before collecting the data, anonymise it and delete it after a set number of months, according to the Wall Street Journal.
The guidelines will be published this month by the "Article 29 Working Party," which is an alliance of national regulators advising on technology-related privacy issues.