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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: location data

Posted in International/EU Privacy

EDPB Weighs-In on Tools for Fighting the COVID-19 Health Crisis; HL Team Updates Summary of DPA Views

Data protection authorities from around the world are stepping in to provide their input and guidance on the matter of data processing activities and the fight against the coronavirus. Hogan Lovells’ global Privacy and Cybersecurity team maintains a tracker of guidance from 30+ European data protection authorities, which we are making available with this post.

Posted in Privacy & Security Litigation

Supreme Court to Hear Location Privacy Case

On Monday, the Supreme Court granted certiorari in Carpenter v. United States, a Sixth Circuit case that provides the Court with the opportunity to clarify whether individuals have a reasonable expectation of privacy in location data shared with electronic communications service providers. Specifically, the Court will consider whether the Fourth Amendment requires law enforcement to obtain a warrant for the search and seizure of wireless carriers’ cell phone data that reveals the cell phone user’s location over the course of several months; or whether such location information falls within the long-recognized “third-party doctrine” exception to Fourth Amendment protections. A definitive Supreme Court holding on these issues could clarify presently muddled case law surrounding cell-site tracking data and perhaps inform judicial interpretations of privacy torts and other issues related to the collection, use, and sharing of location data.

Posted in Consumer Privacy

FTC’s Latest Location-Tracking Settlement Reminds Companies to Mind Any Gap Between What They Say and What They Do

On April 23, the FTC accepted an administrative consent order with Nomi Technologies, Inc., which uses mobile device tracking technology to provide analytics services to retailers through its “Listen” service. At first blush, the action appears to involve a straightforward alleged misrepresentation in a privacy policy, but the two dissenting statements from Commissioner Wright and Commissioner Ohlhausen reveal more complex legal and policy issues. The settlement provides useful insights into how the current Chairwoman and Commissioners view deception cases on data privacy issues. It also affirms that a company’s public statements must be accurate, but suggests that voluntary promises relating to privacy should be made cautiously.