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. 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. 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”. 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. Article 29 Working Party leaves geo-location service providers disorientated after strict data protection opinion about geo-location data. 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.
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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.
Article_29_Party_Opinion_Nauwelaerts_quoted_5.11. Article 29 Working Party Opines on Geolocation Services. 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.
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.