Should Apps Collect Location Data Without Permission?

If you own a smartphone, your location data gets broadcasted to numerous sources every time you leave your house. Mobile marketing takes advantage of the GPS tracking and location capability in your phone to create ads tailored to your location. So, for instance, if you’re surfing the web while walking downtown, you might see an advertisement for a local coffee shop or clothing store. Many businesses rely heavily on mobile marketing to reach their target audience. Local business owners can tailor their ads to reach only potential customers—not someone three states away. Unfortunately, GPS tracking can also be used for stalking people and invading their privacy. That’s why Senator Al Franken has introduced a new bill that, if passed, would introduce some significant changes to the way such marketing works.

What Would Senator Franken’s Bill Do?

GPS tracking has run into problems with privacy concerns before. Most notably, several lawsuits have been filed regarding the use of GPS tracking devices to track suspected criminals. Most states now require law enforcement officers to get a search warrant before placing a tracking device on a suspect’s vehicle. The goal, of course, is to protect the privacy of citizens while still aiding police departments in the performance of their jobs.

Senator Franken’s bill seeks to address another privacy concern: stalking apps. So-called stalking apps have been developed for the express purpose of spying on another person’s activities and whereabouts. They’re dangerous because criminals and domestic violence offenders can use them to track their victims. In 2006, 25,000 cases of cell phone stalking were reported, and that was back when only a small percentage of the population carried smartphones. Now, with more than half of Americans carrying a smartphone every day, privacy advocates have expressed concern that those phones could give stalkers easy access to their victims’ location.

While it may seem like everyone would be supportive of a bill that seeks to eliminate cell phone stalking, the proposed legislation goes much farther than dealing with stalking apps. And that’s why marketers aren’t happy. Senator Franken’s bill would handicap mobile marketing efforts by:

• Requiring companies who engage in data collection to get permission from the individual before collecting and using location data from a smartphone, tablet, or other mobile device.


• Requiring companies to get permission before sharing location data with a third party.


• Requiring companies that collect data from one thousand or more devices to inform the public about what data is collected, what they use the data for, who the data gets shared with, and how an individual can opt out of the data collection.

The bill also seeks to prevent GPS stalking apps from being developed or sold and to prevent apps from secretly collecting location data.

Franken first presented his bill in 2012, but the 2014 version reflects some changes in light of marketing concerns. For instance, a cap has been placed on how much can be collected in damages for negligent violations and companies would be required to disclose only categories of companies seeking to purchase location data rather than listing the companies by name.

What Does That Mean for Cell Phone Owners?

If the bill passes, it will provide protection for stalking victims. Companies would no longer be able to develop or sell apps designed for the purpose of stalking another person. (This would not apply to parents using tracking devices to keep tabs on their children or to emergency situations.) In addition, individuals would regain a measure of privacy that has been lost as society increasingly broadcasts location information via mobile devices. As mobile marketing efforts have mushroomed over the past decade, consumers have become more and more vulnerable to unethical uses of personal location information.

The drawbacks of the bill, however, include heavy burdens placed on marketers and severe (many would argue, too severe) penalties for negligent violations. Those personalized, location-specific advertisements would become much more difficult to utilize, meaning loss of marketing potential for companies and loss of convenience for consumers.

GPS Tracking and Privacy

As the applications of GPS tracking continue to develop, potential arises for its capabilities to be used in a negative manner. But as with all technology, tracking capabilities also offer great benefit. The goal for legislation and law enforcement should be to find ways to utilize the benefits of technology while minimizing its negative impact. Just because a technology can be used do something, that doesn’t necessarily mean that it should. In gray areas such as mobile marketing, lawmakers must consider both the positive impacts of the technology and its affect on individual privacy. As in the case of requiring a search warrant for tracking suspected criminals, lawmakers can provide guidelines for using GPS tracking to help accomplish something good while at the same time preventing the abuse of the technology by those who would exploit others.

Should Apps Collect Location Data Without Permission?